Suit commenced before a justice of the peace on an account. A bill of particulars was filed. The defendant filed a bill of particulars as a set-off. Trial. Judgment for the plaintiff. Appeal to the Common Pleas.
Trial and judgment for the plaintiff.
The only error assigned is that there was a trial without an issue.
The general denial, except non est factum, is in by law, without being pleaded,-in suits before a justice of the peace. And under it, everything but the statute of limitations, set-off, and matter in abatement, may be given in evidence. 2 R. S. p. 455, § 34. The filing of a bill of particulars of an account, is a sufficient plea of set-off before a justice. 2 R. S. p. 458, § 36. No replication is required. Id. § 37.
An issue good before the justice, is good in the Circuit Court on appeal. 2 R. S. p. 463, § 67.
The judgment is affirmed with 10 per cent, damages and costs.