
    [*] SIGLER against GOULD.
    
      OK CERTIORARI.
    Reversal, for rejecting proof of set-off.
    It appeared by the transcript of the justice, that the defendant below, who is the plaintiff in this court, filed his plea of payment with a demand to be set-off, and this in due time; but that when he came to give evidence in support of his plea on the trial, which was on the return day of the summons, the justice refused to permit him to do it, oil the ground that the plea filed, was a plea that had been used on a foi’iner trial between the parties, with an alteration of the date, so as to correspond with the defense in the suit under trial; for this cause, the justice rejected the plea, and refused to suffer the defendant to file another plea, the trial [77] having been proceeded in, and by that means shut out the testimony of the defendant.
   By the Court.

— This is certainly error; it is no objection to the plea, that it had been used on a former occasion; nor that a wrong date had been struck out, and a true one inserted. Here has been a trial, wherein the defendant, without any fault, has been debarred the proof of his set-off. The judgment must therefore be reversed.  