
    BAIRD against FORMAN.
    ON CERTIORARI.
    In debt, judgment that a note, set-off, be given up, is error.
    The defendant below, by way of set-off, pleaded and offered in evidence on the trial below, a note given by the plaintiff below to the defendant. The jury found for the plaintiff, with six cents costs; and also found as part of their verdict, that the note laid before them be delivered up to the plaintiff; on which the justice [397] makes the following entry : I considering’ that the defendant had submitted his note to the jury to pass upon, gave judgment for the plaintiff, with one dollar and forty cents costs; and that the said note be delivered up. This being assigned for error, the court
    Reversed the judgment.
     