McDowell v. . Tate
Supreme Court of North Carolina
From Burke. Debt for g472, due November, 1799, and secured by bond. The memorandum of the Defendant’s pleas was entered in these words, “ general issue, payment and set ®ff,” no formal pleas being filed; and the Plaintiff's counsel when the cause was called for trial, asked 'Ieave to amend the pleadings by replying the statute of limitations, to the last plea ; but before Ruefin, Judge, who presided, declared that he considered the entry to be equivalent, in the loose…
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From Burke. Debt for g472, due November, 1799, and secured by bond. The memorandum of the Defendant’s pleas was entered in these words, “ general issue, payment and set ®ff,” no formal pleas being filed; and the Plaintiff's counsel when the cause was called for trial, asked 'Ieave to amend the pleadings by replying the statute of limitations, to the last plea ; but before Ruefin, Judge, who presided, declared that he considered the entry to be equivalent, in the loose practice permitted in this state, not to a plea, bat to a notice of set-off and the matter proposed to be replied could be…
1Opinion of the CourtHenderson, Judge
A set-off to the full amount, of the Plaintiffs’ demand, may be pleaded in bar of the action. If it is less than the demand, it cannot of itself be pleaded in bar; but the Defendant avails himself of it by annexing it .to some plea, which with the sum set off, amounts to a full defence, and giving notice of the set-off, most commonly thus, in the short entries on our dockets, General issue and votiee, of set,-off, and if the particulars of the set-off are required, they must be fm«-nished. And so it is, I apprehend, when it is pleaded in bar. The particulars must be furnished if required ;…
2Cited by7 opinions
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