By the CotiRT -The judgment set-off having been, obtained and assigned after this suit had been commenc* ⅛ was not a niutual debt subsisting at the time the suit was brought; and according to the principle establishe4 in the case Caldwell vs. Grundy (), was not pleadable as a set‘°^ nor should it have been permitted to be gy ven in evidence. — •—Judgment reversed. (