Brown v. Miller

Appellant brought a suit in attachment against the appellees upon an account for medical services. Plea of general issue was filed and a stipulation that either party might introduce in evidence any matters which could be shown under any proper issue in the case. Appellant’s account extended over a period of more than five years prior to the beginning of the suit, and upon trial he struck out such part of his account as was barred by the statute of limitation. Appellees then introduced as a defense, a set-off, consisting of two notes, which were also barred by the statute of limitation, under…