Superior Court of Delaware, 1836

State ex rel. Fisher v. Parson's Adm'r

State ex rel. Fisher v. Parson's Adm'r
Superior Court of Delaware · Decided July 1, 1836
2 Del. 52

Counsel

Frame., Bates, contra,, Frame for plaintiff, Bates for defendant.

State ex rel. Fisher v. Parson's Adm'r

Opinion of the Court

By the Court.

These are cross demands, unconnected with each other, and can be reached only by plea of set-off The matter of meat and necessaries is a distinct subject of suit, which under the *53might be set off, but it is not a payment and cannot be given in evidence on a plea oí payment

Frame for plaintiff Bates for defendant.

Demurrer overruled and judgment for plaintiff.

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