Harris v. Pearce

This was assumpsit upon the common counts. Appellant, who was defendant below, filed the general issue with notice of set-off and a special plea. Ho evidence was offered under this latter j>lea. The; position of appellee, as urged in this court, is, in substance, that the case of appellant presented no semblance of either a defence or cross-action, and that even assuming it did, it was of such character it could not be considered under the record and pleadings in the suit, and that therefore, even if the errors are otherwise well assigned, they worked no injury and should not reverse. These…