
    ROBBINS against EAKIN.
    ON OEETIOBABI.
    Defendant without a set-off, can recover no sum except costs.
    The action below was brought by Robbins against Eakin, for violating an agreement. To this charge, Eakin plead not guilty; no offset was set up before [546] the justice; yet on the trial by jury, Eakin, the defendant, recovered $10, for which sum the justice rendered [*] judgment against the plaintiff, who brought this certiorari to reverse the judgment.
    
      Neale, for the plaintiff.
   By the Court.

To enable a defendant to recover a sum of money against the plaintiff, there must be a set-off. The issue on the pleadings below, was, that the defendant had broken his agreement with the plaintiff. If he had, the plaintiff was entitled to damages; if he had not, the defendant ought to have judgment for his costs; but he could not recover a sum of money against the plaintiff.

Judgment reversed.  