Shannon v. Wilson

Wilson sued Shannon, before a Justice of the Peace, upon an account. Shannon answered, setting up an account as a set-off. The cause went, by appeal, to the Circuit Court. In that Court the jury were instructed, upon the trial of the cause, that, in arriving at the balance of account between the parties, they would not allow any item of set-off that had not become due at the time of the commencement of the suit before the Justice of the Peace. The only question, in this Court, arises upon this instruction.

Our statute of set-off' is as follows: “ The set-off shall be allowed only in actions…