State v. Britton

The opinion of the court was delivered by

Van Syckel, J.

This is an application for a writ of mandamus to compel a justice of the peace to set off a judgment recovered in the Monmouth Circuit Court against a judgment recovered before him in the court for- the trial of small causes.

In Brown v. Hendrickson, 10 Vroom 239, and in Schautz v. Kearney, 18 Id. 56, this court declared that the doctrine, in virtue of which one judgment may be ordered to be set off against another not recovered in tile same court, is a purely equitable one, which will be administered in all cases upon such equitable terms…