Set-off is only allowed in actions of as*

sumpsit, debt and covenant, for the non-payment of money, and for which an action of debt or indebitatus as-sumpsit might be maintained; and the debts to be set off, must be due at the commencement of the action. Ba-bington on sets-off, 8. The only question made by the exception is, whether in assumpsit, pending in one Court, the defendant can set-off a judgment, recovered by him against the plaintiff in the Court of another County. — • There is no doubt that he may: for the debts are mutual, though of different dignity, and are within the words of the act.

Per Curiam. Judgment affirmed.