Herman v. Miller
Supreme Court of Kansas
Error from Labette Eistriet Court. Herman and another, as assignees of a judgment rendered by the district court against Miller, moved that such judgment be set-off against a judgment Miller had recovered in said court against them. The district court, at the June Term 1875, denied such motion to set-off, and the Hermans bring the case here for review. All the facts are stated in the opinion.
1Opinion of the Court
The opinion of the court-was delivered by
Brewer, J.:
The plaintiffs in error moved the district court of Labette county to set-off one judgment against another. The court overruled the motion, and this ruling is now presented for review. The facts are these: The Laflin & Rand Powder Company sued Miller. In that action an attachment was issued, and plaintiffs in error went on the bond as sureties. The attachment was dissolved, and Miller brought suit on the bond against plaintiffs in error for damages. Both actions stood for trial at the same term. The first-named case was tried first, and…
2Cases cited12 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Dunkin v. VandenberghNew York Court of Chancery · 1829
- Zogbaum v. . ParkerNew York Court of Appeals · 1873
- Temple & Beaupre v. ScottSupreme Court of Minnesota · 1859
- Beckman v. ManloveCalifornia Supreme Court · 1861
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mohr v. State Bank of StanleySupreme Court of Kansas · 1989
- Mynatt v. CollisSupreme Court of Kansas · 2002
- Alexander v. ClarksonSupreme Court of Kansas · 1917
- Arn v. ElmsSupreme Court of Oklahoma · 1916
- Schuler v. CollinsSupreme Court of Kansas · 1901
8 more not listed; retrieve them via the Exa API.