Ringle v. Weston

Suit by Weston against Single on an account. Issues of fact were formed. Trial, and judgment for the plaintiff. Weston, the defendant below, appeals.

A demurrer was sustained by the court below to Axe fourth paragraph of the defendant’s answer, which is assigned for error. The paragraph sets up a former suit between the same parties, before a justice of the peace, in which the defendant in this suit was plaintiff, and the plaintiff herein was defendant, involving their mutual accounts, and that the account now sued on was allowed as a set-off in said former suit. This paragraph of the answer…