Bailey v. Valley National Bank

In this case, before declaration was filed, or required to be, appellants filed a notice of set-off. When the declaration was filed, it was supported by an affidavit of claim. On motion, the notice of set-off was stricken from the files.. This action of the court was not error. When the notice was filed, there was nothing on file to which it could apply. Besides, under the 29th section of the Practice act, in actions ex contractu, the defendant having claims against the plaintiff, “may plead the same, or give notice thereof under the general issue, or under the plea of paymentand this -is the…