
    HAWTHORN vs. ROBERTS, &c.
    November 1st.
    Set-off — fee cafe.
    Afts of 1796-7 p, 29, § 9, 1 Brad. 233.
   By the CotiRT

-The judgment set-off having been, obtained and assigned after this suit had been commenc* ⅛ was not a niutual debt subsisting at the time the suit was brought; and according to the principle establishe4 in the case Caldwell vs. Grundy (), was not pleadable as a set‘°^ nor should it have been permitted to be gy ven in evidence. — •—Judgment reversed. 
      
      (a) Pr. Dec. 264.
     