Kerr v. Bennett

This case was commenced in justice’s court. The justice, in his return to the circuit court, stated that—

“Plaintiff declares against the defendant in an action wherefore he claims dami ges for the wrongfully cutting certain timber trees on the lands of the plaintiff, contrary to an agreement between the plaintiff and defendant, and to the damage of the plaintiff $30. . The defendant pleaded the general issue, and gave notice of recoupment.”

Upon the trial in the circuit court the defendant was permitted to introduce evidence under this notice. It is claimed that the notice was insufficient, in…