Legal Opinion

Nat. Bank of Winterset v. Eyre

United States Circuit Court

Decided July 16, 1881PublishedCited by 5 opinions

In Equity. On the thirtieth of April, 1880, complainant recovered a judgment m tho circuit court of Madison county, Iowa, against respondent Robert Eyre, for the sum of $2,877. On the twenty-first of October, 1880, the said respondent Robert Eyre recovered judgment in this court against complainant for the sum of $287.12. On the first of November, Wainwright & Miller, attorneys for Robert Eyre, filed their notice under tho statute, claiming an attorney’s lien upon the…

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In Equity. On the thirtieth of April, 1880, complainant recovered a judgment m tho circuit court of Madison county, Iowa, against respondent Robert Eyre, for the sum of $2,877. On the twenty-first of October, 1880, the said respondent Robert Eyre recovered judgment in this court against complainant for the sum of $287.12. On the first of November, Wainwright & Miller, attorneys for Robert Eyre, filed their notice under tho statute, claiming an attorney’s lien upon the last-named judgment for the full amount thereof. Execution having been issued upon the last-named judgment, complainant files…

1Opinion of the CourtMcCeaby, C. J.

The right of set-off exists under the statute unless it is defeated by the attorneys’ lien, claimed by Wainwright & Miller. Code of Iowa, 1873, § 3097. The statute is declaratory of the common law and of the general principle of equity, according to which mutual judgments will generally be set off the one against the other. 2 Story, Eq. Jur. § 1437. Before, the respondent Eyre obtained his judgment against the bank he was indebted to the bank on a judgment of over $2,800. The bank pleaded this judgment as a set-off against his claim in the suit of Eyre against the bank in this court, but a…

2Cases cited7 opinions

  1. Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Ex parte LehmanSupreme Court of Alabama · 1877
  3. Gager v. WatsonSupreme Court of Connecticut · 1836
  4. Hurst v. SheetsSupreme Court of Iowa · 1866
  5. Mohawk Bank v. BurrowsNew York Court of Chancery · 1822

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Wildung v. Security Mortgage Co. of AmericaSupreme Court of Minnesota · 1919
  2. Brown v. MorganU.S. Circuit Court for the District of Northern Iowa · 1908
  3. Jacobsen v. MillerNorth Dakota Supreme Court · 1924
  4. Lindsay v. PettigrewSouth Dakota Supreme Court · 1896
  5. Stafford v. PalidoreDistrict Court, Virgin Islands · 1928

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