Gharkey v. Halstead

Blackford, J. —

This was an action of assumpsit, commenced by Gharkey against Halstead, before a justice of the peace. The cause of action, filed before the justice, was an account consisting- of various items; which account amounted to 99 dollars and 28 cents. The defend- . ant filed an account, as a set-off, amounting to 264 dollars and 76 cents. The justice gave judgment for the plaintiff for 26 dollars and 35 cents.

The defendant appealed to the Circuit Court. Trial in the Circuit Court at the September term, 1846, and verdict for the defendant for 125 dollars and 75 cents.

A new trial was…