Lopez v. McChesney

OPINION OP THE COURT BY

PREAR, J.

Tbis is a bill in equity to obtain a set-off of a judgment at law against a judgment in bankruptcy, on tbe ground tbat the assignee in bankruptcy declines to allow such set-off and is about to take out execution on his judgment against the complainant while the complainant cannot similarly enforce his judgment, against the assignee. The defense is that there was a plain*, adequate and complete remedy at law.

The facts are these. C. L. Brito was adjudicated bankrupt January 29, 1895, and E. ~W. McChesney was appointed his. assignee. February 8, A. J. Lopez filed…