Legal Opinion

Holmes v. Robinson

Ohio Supreme Court

Decided December 15, 1829Published

This was a motion made by Holmes to have a set-off of certain

1Opinion of the Court

By the Court :

The practice of setting off one judgment against another, between the same parties, and due, in the same rights, is ancient and well established. Some of the adjudged cases go upon the principle of extending the statutes of set-off in their spirit of equity and justice. Others hold the exercise of the power, independent .of the statutes of set-off, and rest it upon the general jurisdiction of .a court over the cause and the parties, when before them. Of the first class of cases, we may cite 3 Wil. 296; 2 Black. 826; 2 Bos. & Pul. 28; 2 Caine, 190. Of the latter, 4 Term, 123; 1…

2Cases cited3 opinions

  1. Simpson v. HartNew York Court of Chancery · 1814
  2. Makepeace v. CoatesMassachusetts Supreme Judicial Court · 1812
  3. Griffith v. IngledewSupreme Court of Pennsylvania · 1821

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