2 Mart. (N.S.) 84 | La. | 1824
delivered the opinion of the court. This case comes up on several bills of exception taken by the counsel of Beardslee. defendant in the court below, and here appel
The suit is brought by a journeyman printer, to recover wages alleged to be due to him by his employer. The defendant pleaded a general denial and also compensation, and claimed a ballance in his favor by way of reconvention, and thereby in his turn becomes actor or plaintiff in the cause. In the plea of compensation or reconvention, he states several general counts usual in declarations, made in conformity with the practice of courts of judicature, in pursuance of rules established by the common law of England; these are money lent; money had and received to his use; and money laid out and expended for the defendant. &c.
In support of this part of his answer he offered on the trial of the cause in the parish court to interogate a witness, a clerk of the house of Benham & Jones, and to propound to him the following question "Did Mr Stroud obtain from the house of Benham & Jones, of which you was clerk, sundry articles of clothing, between the 21st of January, 1821, and the 10th of April, 1823, on account of Mr Beardslee? were charged to the latter? and has he paid for
The law of 1805 regulating the mode of proceeding in the late Superior court of the Territory of Orleans; and which forms the basis of practice in the several inferior courts of the
It is therefore ordered, adjudged, and decreed, that the judgement of the parish court be affirmed, with costs.