Haney v. Clark

This suit was commenced by 8atterlee OlarJc and Henry Jones against Berry Haney, before a justice of the peace, where, in the absence of the defendant, on the return day of the writ, judgment was rendered for the plaintiffs ; from which the defendant appealed to the district court for Dane county, where he moved the court for leave to file his set-off to the plaintiffs’ demand, which was denied, and this is the error assigned.

The counsel for the defendant below, and plaintiff in error, neglected to have his motion with his proposed set-off embodied in a bill of exceptions ; and contented…