The only point made is, that there was a trial without a replication to the answer of set-off and counterclaim.

' The suit was instituted and the pleadings filed before a justice of the peace, where it is specially provided by the statute that a replication is not necessary. 2 R. S., § 37, p. 458; Button v. Lent, 10 Ind. 365; Perk. Pr. 98.

The judgment is affirmed, with 5 per cent, damages and costs.