— “ The evidence, of which the bill seeks a discovery, could be of no avail to the appellee in the action at law, as an un-liquidated demand for damages, such as he charges he has sustained, is not a proper subject of set-off. McKinney v. Bellows, 3 Blackf. 31; R. S. p. 708, § 204. We think, therefore, the injunction should not have been granted.”

The decree granting the injunction was reversed, and the cause remanded with instructions to the Circuit Court to dismiss the bill.