Murphy v. Evans

Murphy brought his action against Phans, before a justice of the peace, for 22 dollars, 5 cents, on an account stated. Evans appeared and moved to dismiss *518the complaint for insufficiency, which motion was sustained, and the plaintiff appealed to the Circuit Court. In the latter Court, the defendant filed an answer, setting up, as an offset to the plaintiff’s claim, various items, amounting to 279 dollars, 14 cents, upon which he claimed judgment for costs against the plaintiff, but claimed no further judgment on his offset.

The plaintiff moved to reject the answer; but his motion was…