Walker v. Kingston Supply Co.

A defendant filing a general denial to a suit on an open account can not prove an affirmative defense in the nature of a set-off. The law requires the defendant to answer distinctly each paragraph of the petition, and does not permit' the filing of a general denial. Under the Civil Code, § 5634, “General Issue” has lost his commission. If an affirmative defense is relied on it must he specially pleaded. If a defense in the nature of a set-off .is relied on it must he distinctly set out in the pleadings. The plea in this case was a general denial of the account, with the admission of a small…