
    Monday v. Utter.
    
      Thursday, January 24.
    APPEAL from the Gass Circuit Court.
    
      J. Guthrie, for appellant.
    
      D. D. Pratt, for appellee.
   Per Guriam.

The only point made is, that there was a trial without a replication to the answer of set-off and counterclaim.

' The suit was instituted and the pleadings filed before a justice of the peace, where it is specially provided by the statute that a replication is not necessary. 2 R. S., § 37, p. 458; Button v. Lent, 10 Ind. 365; Perk. Pr. 98.

The judgment is affirmed, with 5 per cent, damages and costs.  