Cook v. Baker

This action was brought by appellee against appellant before a justice of the peace to recover, damages ■claimed for improperly performing work in constructing an area wall, and in laying a sidewalk. On appeal to the Circuit Court, the cause came on for trial before the court, a jury having been waived, and at the close of the plaintiff’s—appellee’s—evidence, appellant’s attorney stated to the court that he had a set-off amounting to $196 and offered to introduce evidence thereof. Thereupon the attorney for appellee objected to the set-off and stated the gTound of his objection to be: “ The…