Brunson v. Martin

delivered tbe opinion of tbe Court.

Martin sued Brunson, in tbe Hempstead Circuit Court, to recover, in assumpsit, the value of services rendered as overseer, in tbe year 1853. The latter pleaded ■non-assumpsit, and with, bia plea, filed a notice to the plaintiff, as follows, to wit:

“Take notice, that at, and upon tbe trial of this cause, I shall introduce testimony, and prove that you did not keep and perform tbe contract between us, in said suit-specified, but on the contrary, did break and violate the same, in this ; that you, with* out necessity, and contrary and against your diity, as my…