1 Wright 595
Decided May 15, 1834
Ohio Supreme Court · decided 1834-05-15
<p>Setoff — notice—act dispensing with proof — act of limitations of this and other states — pleading and evidence.</p> <p>An offset must be made in this state by notice, it cannot be pleaded.</p> <p>The statute dispensing with proof in certain cases does not apply to matters introduced under a setoff.</p> <p>A right of action accrued to parties in another state is barred by the limitation laws of that state.</p> <p>When questions of limitation arise under a notice of setoff, they are to be determined by proof, not by pleading.</p>
Decided 1834-05-15
¶1An offset under our law must come in under notice, it cannot be pleaded. The statute dispensing with proof does not reach the admission of evidence under a notice, and therefore does not apply to this case. The account by the Massachusetts law is barred, and that act under the provisions of our law governs the case. These questions, when they arise under a notice, are to be determined by proof, not by plea.
¶2Verdict and judgment for the plaintiff.