Boyett v. . Vaughan
Supreme Court of North Carolina
Civil ActioN tried on appeal from a Justice’s Court, at January Special Term, 1878, of Halifax Superior Court, before SeJienck, J. Tbe plaintiff in bis complaint before the Justice of the Peace claimed that the defendant was indebted to him in the sum of $105 for lumber, and the defendant denied the debt and pleaded a counter claim due by note from the plaintiff to him for $200. The Justice gave judgment in favor of defendant for $69.13, the excess of his counter claim, and…
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Civil ActioN tried on appeal from a Justice’s Court, at January Special Term, 1878, of Halifax Superior Court, before SeJienck, J. Tbe plaintiff in bis complaint before the Justice of the Peace claimed that the defendant was indebted to him in the sum of $105 for lumber, and the defendant denied the debt and pleaded a counter claim due by note from the plaintiff to him for $200. The Justice gave judgment in favor of defendant for $69.13, the excess of his counter claim, and plaintiff appealed. When the case came on for trial in the Superior Court, the defendant moved for judgment because…
1Dissent
Sjiith, C. J.,
Dissenting. — In my opinion there was error in permitting the plaintiff to put in his replication and in the judgment which was rendered:—
A set off is but a defence to the action, and its office is to make an appropriation of money which the plaintiff owes *532the defendant to.the discharge in whole or in part of the demand asserted in the suit. It can ■ go no further than to defeat the action. It differs from a counter claim only in the disposition made of the excess, if there be an excess, of the counter claim over the sum due', the plaintiff, and in allowing the defendant to have…
2Cases cited2 opinions
- Hall v. Cook's AdministratorSupreme Court of Alabama · 1840
- Hudnall ex rel. Redus v. ScottSupreme Court of Alabama · 1841