10 IND 365 - Button v. Lent

How this case has been cited

Cited by 3 later decisions — most recently January 1882

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Per Curiam.

¶1Suit commenced before a justice of the peace on an account. A bill of particulars was filed. The defendant filed a bill of particulars as a set-off. Trial. Judgment for the plaintiff. Appeal to the Common Pleas.

¶2Trial and judgment for the plaintiff.

H. P. Biddle, B. W. Peters and D. D. Dykeman, for the appellant.

¶3The only error assigned is that there was a trial without an issue.

¶4The general denial, except non est factum, is in by law, without being pleaded,-in suits before a justice of the peace. And under it, everything but the statute of limitations, set-off, and matter in abatement, may be given in evidence. 2 R. S. p. 455, § 34. The filing of a bill of particulars of an account, is a sufficient plea of set-off before a justice. 2 R. S. p. 458, § 36. No replication is required. Id. § 37.

¶5An issue good before the justice, is good in the Circuit Court on appeal. 2 R. S. p. 463, § 67.

¶6The judgment is affirmed with 10 per cent, damages and costs.