Allbright v. Aldrich

The record shows that an account was filed against the estate represented by the plaintiff about the time of the trial,- and eighteen months after the commencement of the suit,. which was intended, perhaps, as a setoff, but without any plea being filed, as required by the statute. No notice of this account was taken by the court at any stage of the proceedings. But, admitting that the setoff had been regularly pleaded, and disregarded by the court and jury, there would not, on this ground, have been error in the judgment. The account in setoff was not due from the plaintiff to the defendants,…