Bush v. Kindred

This was an action of assumpsit, brought by Kindred against Bush, in the Peoria County Court, to the February term, 1858. The declaration contained special counts for damages claimed as growing out of a breach of contract, and the common counts in the usual form. The defendant filed five pleas. First, the general issue. Second, payment. Third, that the plaintiff was indebted to defendant in the sum of $95.05, on a judgment before a justice of the peace. Fourth, set-off; and fifth, that defendant, before this suit was instituted, had sued plaintiff before a justice of the peace and recovered a…