Majority
p. 270Woodruff vs. Brice & McLean.
Headnote
Abuse in the number of pleas interposed will be corrected on motion.To a declaration in assumpsit the defendant pleaded seven distinct pleas of set-off, and added a general notice of set-off. The plaintiff moved to strike out six of the pleas.
The statute allows a defendant to plead as many pleas as he thinks proper, but the court are not thereby deprived of their common law jurisdiction to prevent an abuse of the statute, and to save the records of the court from being encumbered with useless matter. Motion granted.