15 Pa. 208 | Pa. | 1851
The opinion of the court was delivered by
The single question is, whether the statute of limitations can be invoked to bar a cross demand where the defendant has gone to trial without demanding a replication to his plea of set-off. This plea has come into use in imitation of the practice under the English statute, which directs it to be used. Our statute, however, enacts that the plaintiff may plead payment, and give any bond, note, bill, or book-account, in evidence; and
Judgment affirmed.