Majority
p. 126Ewen against Terry.
Headnote
The plaintiff had recovered a judgment in this court against the defendant; and the latter had recovered two judgments against the former before a justice of the peace.A motion was now made, in behalf of- the defendant, to off and deduct his judgments from the one obtained against him in this court; and that, on paying the balance, ° . ’ 1 e j a ' execution should be perpetually stayed.
court will™der a judgment to be set off court upon the same pnncipies as they •will a judgment of the 0. P.
Wheeler and Case, for the motion.
D. M. Frye, contra.
We have never gone farther in practice, than setting off judgments of other courts of record against our own; but the same principle will apply to judgments in a justice’s court. They are equally conclusive upon the defendant with the judgment of a court of common pleas, which is now a very usual subject of set-off.
Motion granted.