Sipley v. Wass

The opinion of the court was delivered by

Dixon, J.

The principal question raised by the pleadings in this case is whether, if the defendant in a suit before the court for the trial of small causes has a claim against the plaintiff so large as to involve a controversy beyond the jurisdiction of that court, he must nevertheless present it there as a set-off, or be precluded from afterwards recovering it in any other court.

The preclusion of the defendant in such a suit from subsequently recovering, in another court, a claim which he had against the plaintiff pending that suit, arises, not from…