|
JOHN LEE CARROLL, ESQUIRE, GOVERNOR
|
647
|
|
finding of such excess to be due shall be sufficient
|
 
|
|
prima facie evidence of the fact of indebtedness for
|
 
|
|
such excess, as upon an award of arbitrators in a
|
 
|
|
suit in a court having jurisdiction to try and deter-
|
 
|
|
mine the same.
|
 
|
|
13. In any suit upon simple contract, the defend-
|
 
|
|
ant may file in bar or plead in discount any claim he
|
May file in bar
|
|
may have against the plaintiff proved according to law,
|
 
|
|
which may be of equal or superior nature to the
|
 
|
|
plaintiff's claim, and judgment shall be given for the
|
 
|
|
difference found or other consequence follow there-
|
 
|
|
on as in the preceding section is provided.
|
 
|
|
Approved April 8, 1876.
|
 
|