¶1— The defendant filed no plea; and, therefore, the justice precluded him from making any defense before the jury. The act does not require a written plea, except in cases of set-off; the justice therefore in this, has mistaken the law; besides the style or nature of the action, does not appear on the record.
¶2Eosseix and Pennington, Justices, concurred.
¶3Judgment reversed.