
    MORRISON’S ex’r. vs. HART.
    The omiffion to add a joinder to a replication iue^is'cured by yerdia. 7
    
    Notice of fet-
    A fet-off muft be
    dated demand cannat be ufed as a fet. off.
    THE plaintiff in error brought an. action of debt against the defendant. After an office judgment, the. defendant put in the plea of payment, in court, and gave ⅜® following notice of set-off: “Plaintiff, take notice that defendant will give the within as evidence, as a set-off, according to act of assembly — John Pope, attorney for defendant.which evidence of set-off, follows in these words : “ Borrowed of Mr. Henry Hart, a Wabash certificate, of the nominal value of 12 16 6- — J. Morrison, July 30th 1790.” There was a replication to the plea of payment, in the usual form, but no join-der. Á verdict and judgment was given for the defendant, and a writ of error brought. The following errors were assigned :
    1st. There is no issue joined in the cause.
    Snd. The notice of set-off, is too uncertain. It should be as certain as a plea.
    3rd. The law does not authorise the filing a notice of set-off, in court,
    4th. The subject matter was not proper for a set-off.
    Allen, for the plaintiff.
    — The first error is fatal. Our statute of jeofails, cures the misjoining of issue, but does not extend to cases where, there is no issue joined. It has been so determined, in the case of Dprsey vs. Wilson, in this court, spring term 1800.
    
      In 6 Gwil. Bac. 138, and Bull. ni. p. 11% will be seen the certainty required in giving notices of set-off.
    And Bull. ni. p. 175, &c. that it must be of a liquidated demand.
    The third error is assigned for the purpose of settling the law on the subject.
   Edwards, Ch. J.

delivered, on a subsequent day, the opinion of the court.

The first error assigned, is insufficient to reverse a judgment, after verdict.

The third, the court overruled. Whenever the general issue can be plead in court, a notice of set-off may be given in court, if the cause and subject matter of set-off Would have entitled the party to have given it on the rules.

The second and fourth errors assigned, are fatal. For those errors, the judgment must be reversed. 
      
      
        Brafbear vs. Shepherd, June 1803, S. P.
     