Chapin Hall Lumber Co. v. Dalrymple

*268The opinion of the court was delivered by

Dixon, J.

To a declaration consisting of the common money counts, the defendant pleaded that, before the bringing of this suit, he had instituted an action upon contract in this court against the present plaintiff; that the present plaintiff had therein pleaded the general issue and payment, with notice that he would set off the claim now sued for against the claim of the present defendant therein; that on the trial of 'said action the present plaintiff moved the court, at the close •of the evidence offered by the present defendant, to non-suit the…