Robinson v. Mace
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Prai/rie County. This was an action of assumpsit for $300, instituted by Mace against Robinson, for work and labor in making and burning brick, and determined in the Prairie Circuit Court, at the February Term, 1853, before the Hon. William H. Feild, Circuit Judge.
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Writ of Error to the Circuit Court of Prai/rie County. This was an action of assumpsit for $300, instituted by Mace against Robinson, for work and labor in making and burning brick, and determined in the Prairie Circuit Court, at the February Term, 1853, before the Hon. William H. Feild, Circuit Judge. The defendant pleaded non assumpsit and set-ojf : the plea of set-off “alleged that, atandbefore the commencement of lr.ssaid action plaintiff was indebted to the defendant in the sum of seventy-four dollars and eighty cents, a greater amount than lie is indebted to said plaintiff.” A demurrer…
1Opinion of the Court
Hon. Thomas Johnson, Special Judge,
delivered the opinion of the Court.
The points presented in this case, are brought before this court, by the motion for a new trial, filed in the court below by the plaintiff in error. The first that is considered material to determine, relates to the sustaining of the demurrer to the plea of set-off, interposed by the plaintiff. The plaintiff, upon filing his plea of set-off, sent out a notice to the defendant, to apprize him of the fact that he intended to introduce, upon the -trial, evidence to establish his demands as set up in his plea. The court, upon…
2Cited by2 opinions
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