¶1ASSUMPSIT for work and labor, and money paid. Pleas, first, non-assumpsit; secondly, payment and set-off. Similiter to the first plea, but no answer to the second. Cause submitted to the Court and final judgment for the plaintiff.
¶2On the next day after the tidal and judgment as above stated, the Court permitted the plaintiff to file a replication in denial of the second plea.
¶3The trial of the cause, without any answer to the second plea, was erroneous. Swan v. Rary, 2 Blackf. 291.—Huston v. McPherson, November term, 1847
¶4The judgment is reversed with costs. Cause remanded, with leave to reply to the second plea.
¶5 See 8 Blackf. 562.