...general issue, if pleaded to an i count; ante, 230, " Work, &c." and p. 222. By 2 G. 2, c. 22, a. 13, " where there are mutual debts between the plaintiff...either party, one debt may be set against the other." By s. 5, " mutual debts may be set off, notwithstanding that such debts are of a different nature,...

...if either party sue or be sued as executor or administrator, where there are mutual debts subsisting between the testator, or intestate, and either party, one debt may be set against the other,' either by being pleaded in bar, or given in evidence on the general issue, or notice given of the particular...

...the decisions upon it. The statute is the 2 Geo. 2. c. 22. s. 13. It is enacted in that section, " That where there are mutual debts between the plaintiff...debt may be set against the other, and such matter may be given in evidence upon the general issue, or pleaded in bar, as the nature of the case shall...

...to be affirmed. The words of the statute upon which the question in the eause depends are these : " Where there are mutual debts between the plaintiff...either party, one debt may be set against the other." The expressions are not very happily chosen, but the meaning seems to us very clear. The case of mutual...

...debts is the 2 Geo. 2, c. 22, s. 13 (a), and its language does not authorize any debts to (a) 2 Geo. 2, c. 22, s. 13. " That where there are mutual debts...between the testator or intestate and either party, one be set-off except such as exist at the time of the commencement of the action. The cases of Evans v....

...of equity (¿>). To remedy this injustice, it was enacted by the 2 Од; Geo. 2, c. 22, s. 13 (c), " that where there are mutual debts between the plaintiff...debt may be set against the other ; and such matter may be given in evidence upon the general issue, or pleaded in bar, as the nature of the case shall...

...defendant was driven to a cross action for his own claim. To obviate this inconvenience it was enacted " that where there are mutual debts between the plaintiff...between the testator or intestate and either party, one may be set against the other." (i) And *in the event of bankruptcy a still wider r.{.og5n remedy is...

...1473, 3rd edit., it is said — " By statute 2 Geo. 2. c. 22. s. 13, where either party sues or is sued as executor or administrator, where there are...either party, one debt may be set against the other. But in an action by an executor in his own name to recover money due to the testator in his lifetime,...

...Defendant or each other. Defendants, or if either party sue or be sued as Executors or Administrators, where there are mutual Debts between the Testator...party, one Debt may be set against the other, and such matters may be given in evidence upon the general issue, or pleaded in Bar as the nature of the Case...

...the plaintiff and defendant, or if either party sue or be sued as executor or administrator, whore there are mutual debts between the *testator or intestate and either party, r»--.) one debt may be set against the other, aud such matter may be given in !• evidence upon the...