Nat. Bank of Winterset v. Eyre
United States Circuit Court
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…
Read the full summary
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
- Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
- Ex parte LehmanSupreme Court of Alabama · 1877
- Gager v. WatsonSupreme Court of Connecticut · 1836
- Hurst v. SheetsSupreme Court of Iowa · 1866
- Mohawk Bank v. BurrowsNew York Court of Chancery · 1822
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wildung v. Security Mortgage Co. of AmericaSupreme Court of Minnesota · 1919
- Brown v. MorganU.S. Circuit Court for the District of Northern Iowa · 1908
- Jacobsen v. MillerNorth Dakota Supreme Court · 1924
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1896
- Stafford v. PalidoreDistrict Court, Virgin Islands · 1928