Green v. Boyle
15 Ind. 440
Ind.
1860
Check Treatment
Per Curiam.

Suit by Boyle against Green, on an account for lumber. In the bill of particulars of the lumber, made out by the plaintiff, Green was credited $12 for mill irons. On the trial, Greene, offered to prove that the mill irons thus credited were worth $60. Objection was made and sustained, on the ground that the defendant had not set up his claim for the mill irons by way of set-off.

H. P. Biddle, for appellant. D. D. Pratt and E. Wdll&er, for appellee.

We are of opinion that the point thus stated is not properly before us, as a new trial was not asked, on the ground that the Court rejected the evidence. Kent v. Lawson, 12 Ind. 675.

The judgment below is affirmed, with costs, and 5 per cent, damages.