Hudson v. Kline
Supreme Court of Virginia
This was a bill in the Circuit court of Kanawha, by Robert E. Hudson, to enjoin two judgments recovered against himself and two others as his sureties, by Daniel H. Kline. The bill charged that Kline had sued the plaintiff and his sureties, in two bonds executed by them to him, one for 800 dollars and the other for 1200 dollars.
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This was a bill in the Circuit court of Kanawha, by Robert E. Hudson, to enjoin two judgments recovered against himself and two others as his sureties, by Daniel H. Kline. The bill charged that Kline had sued the plaintiff and his sureties, in two bonds executed by them to him, one for 800 dollars and the other for 1200 dollars. That Kline was largely indebted to the plaintiff on several different accounts, which he sets out in the bill, one of which was for a quantity of metal furnished to Morris & Co., upon the undertaking of Kline to pay for it, to the amount of 2139 dollars 61 cents. That…
1Opinion of the CourtMoncure, J.
The question first presented for our decision in this case is, whether a court of equity had jurisdiction to enjoin the judgments obtained at law by the appellee against the appellant and his father and brother, on the grounds stated in the bill.
The claims asserted in the bill as setoffs to the judgments being independent of and unconnected with the claims on which the judgments were obtained would not at common law have been good setoffs in a suit at law upon the latter; and not *being mutual (the former being separate and the latter joint), would not, in such a suit, have been good setoffs…
2Cases cited4 opinions
- Knox v. ParkerWashington Supreme Court · 1891
- Stuart's heirs v. CoalterCourt of Appeals of Virginia · 1826
- Cabell's Executors v. Roberts' AdministratorsSupreme Court of Virginia · 1828
- Vanlew v. BohannanCourt of Appeals of Virginia · 1826
3Cited by22 opinions
- Slack v. JacobWest Virginia Supreme Court · 1875
- Barnett v. BarnettSupreme Court of Virginia · 1887
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Jones v. BradshawSupreme Court of Virginia · 1863
- Morehead v. De FordWest Virginia Supreme Court · 1873
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