Alexander v. Peck

This was an action of debt on a note for twenty-five dollars before a justice of the peace. The de*309fendant pleaded a failure of consideration; and he filed an account, by way of set-oif, for 168 dollars and 88 cents. The case was appealed. At the first term of the Circuit Court, before entering into trial, the plaintiff moved the Court to reject the defendant’s account; the motion was overruled; verdict and judgment for the defendant for 100 dollars.

R. A. Chandler, for the appellant. R. A. Lockwood and D. Mace, for the appellee.

We think the motion to set aside the defendant’s account should…