
    Ex parte Bagg vs. Jefferson C. P.
    A note cannot be set off against a judgment.
    The common pleas of Jefferson set off a note against a judgment rendered in favor of the relator against one WheeIock. The judgment was an affirmance of a justice’s judgment, removed into the common pleas by certiorari. During the pendency of the suit in the common pleas, the relator made the note in question, and at the same time gave a written stipulation to Wheelocb, the payee of the note, that it should apply on the judgment, if the suit terminated in his favor.
   The court granted a rule to shew cause, and the above facts being now shewn for cause why a mandamus should not issue : The Court, Savage, Cb. J. was of opinion that the common pleas had erred ; that they had not the power to set off a note against a judgment, and accordingly directed an alternative mandamus to issue. Bee 6 Cowen, 598.  