The People, ex rel. Green, against The Judges of Onondaga Common Pleas

The People, ex rel. Green, against The Judges of Onondaga Common Pleas A notice of set-off need not expressly claim a balance in the defendant’s favor, in order to warrant hia recovering one. It is enough to warrant this, that it set forth his demand in the usual form. On a reference in the.Court below, between Green, plaintiff, and Hall, defendant, the referees had certified a balance in favor of the defendant, of about $80, which the C. P. had, on motion, refused to set aside, and they rendered judgment thereon. This Court had, at a previous term, on various grounds, granted an alternative mandamus, commanding the Court below to set aside the report, &c. Now, upon the return, different questions were made; and, among other things, it was objected, in behalf of Green, that the defendant’s notice of set-off, in the Court below, did not, in terms, claim that a balance was due to him over and above the plaintiff’s demand. J. A. Spencer, for the plaintiffs. G. C. Bronson, for the defendants. [MAJORITY — Curia.] Curia. This was not necessary. The right to a balance in the defendants’ favor followed, upon the common notice, as a legal consequence. They need not claim a balance in terms. Peremptory mandamus denied.