Zogbaum v. . Parker

I concur in the general views of Judge TALCOTT in his opinion in the court below, except that I think it is unnecessary to determine that if no equity had intervened in favor of other persons, the plaintiff could not by action have compelled a set-off of the demand of Blodgett while it existed as a verdict and before judgment against the judgment held by him. The power of a court of equity is incidental to the court, and may be exercised by action in cases when the demands are not in judgment. Nor is it necessary to deny that the right of the plaintiff to an offset against the verdict would,…