Dygert v. Coppernoll

Where,o£<jd formerea judgpiSntiG;prblfn| tof“ vent’4t obtf ‘{¡y Mentis5?ei a?aem.tnesseaand minutes of the' wtnehCIthere is an ambiguity as to the form of the action, the evidence of the justice is mad' miseibietoshow contractfntapfnh^possesston bitten S?ai cy|dence'Cof o not admissible In á justice's tíonlomdedon tort.

IN ERROR, on certiorari to a justice^ court, The defendant in error brought ah action of assumpsit in the' conT^ below, against the plaintiff in error, in which the latter pleaded a former trial between the same parties, in which the defendant in error, the .plaintiff below, ought to have, set off the present demand. -The justice, before whom the former action was tried, appeared ás a witness, and produced his rninutes % -from which it appeared, that a judgment had. béen rendered in a suit of Dygert v. Coppernoll, stated thereon to be á plea of trespass On the case, but without specifying whether it were founded on tort or contract; he also stated that the original ' claration was m writing which he had left át home 5 arid, on its being proposed by the defendant below, that he should explain, from memory, what was the ground'of that action, in order to ascertain whether the set-off might .legally , have beef? made,tbe evidence, was overruled, and judgment given for the plain» tiff below.