Clarke v. Wall
Supreme Court of Florida
Appeal from Hernando Circuit Court. The plaintiff instituted in the Court below an action! of assumpsit, to which the defendant pleaded a set-off. Before the cause was submitted to tbe Jury, the plaintiff aisked leave to take a non-suit, which was refused by the Court. This ruling of the Court is assigned for efroT.
1Opinion of the CourtDuPONT, J.
' This case is brought up by appeal from the Circuit Court *477of Hernando County, and tbe only question which has been submitted for our decision is as to the right of a plaintiff to discontinue his action after a plea of set-off has been filed by the defendant.
This question has already been settled, by the adjudication in the case of Buffington vs. Quackenboss, (5 Florida Reps., 196,) and we see no good reason for disturbing that decision. In the case referred. to, the defendant in the Court below pleaded, by way of set-off, an open account which exceeded in amount the plaintiff’s demand. At…
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