MALONY v. WADDLE

In action of debt on judgment, an account on which a right of action existed in favor of the defendant, at the date of the writ on which the judgment is founded, may be filed in set-off.

CUSHING, C. J.

No suggestion has been made of any circumstance which takes this out of the ordinary practice under the statute.

Ladd and Smith, JJ., concurred.

The exception

Must be overruled.