Lyons v. Barnett

Opinion by

Keiler, J.,

On the trial of an appeal from the judgment of a justice of the peace, in an action arising from contract, the court below refused to allow the defendant to give evidence of a claim of set-off amounting to $291.56, on the ground that section 7 of the Act of March 20, 1810, 5 Sm. L. 161, limited the amount of a set-off which could be presented before a justice to the sum of $100, and on appeal to the common pleas the same limitation attached.

The right to defalcate or set off accounts, etc., in actions brought in any court in this State was secured by the Act of January 12,…