
    Griffin and Another v. Cox.
    
    
      Pleading. — Justice of the Peace. — A complaint filed before a justice of the peace was a promissory noto indorsed by the payee, whereby the defendant promised to pay him “ one hundred & JL<L..”
    
      Held, that this was sufficient as a complaint.
    
      Set-Oit. — A set-oif in favor of one of two makers of a promissory note, both being principals, pleaded by him in answer to a suit on the note against the makers, is bad on demurrer.
    APPEAL from the Boone Circuit Court.
    
      G. G. Nave, for appellants.
    
      O. S. Hamilton and G. G. G-alvin, for appellee. -
   Erazer, J.~

This case originated before a justice of tbe peace. Tbe complaint filed was a promissory note against the appellants, indorsed by-the payee, whereby they promised to pay him “one hundred & ■£?$.” The first question is, whether this was sufficient as a complaint. "We find no difficulty in solving this inquiry by an affirmative decision. The utmost liberality must, for the purposes of justice, be tolerated iu the pleadings before a magistrate’s court, else every good purpose intended by the creation of that tribunal will be defeated.

A set-oif in favor of one of the makers of the note was pleaded by him, both makers being principals. It was plainly right to sustain a demurrer to it.

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