Hurst v. Sheets
Supreme Court of Iowa
Appeal from Wapello District Court. The case made by the plaintiff in his bill is this: That on the 8th day of June, 1860, he recovered, in the District Court of Wapello County, a judgment for $158.80, together with costs of suit, taxed at $15.15, against the defendant Sheets; and that on the same day and term of the court, the said Sheets recovered a judgment of $216, together with costs, taxed at $48.85; that the rendition of this last judgment, although on the' same day,…
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Appeal from Wapello District Court. The case made by the plaintiff in his bill is this: That on the 8th day of June, 1860, he recovered, in the District Court of Wapello County, a judgment for $158.80, together with costs of suit, taxed at $15.15, against the defendant Sheets; and that on the same day and term of the court, the said Sheets recovered a judgment of $216, together with costs, taxed at $48.85; that the rendition of this last judgment, although on the' same day, was subsequent in point of time to the judgment first above described; that on the same day of the rendition of said…
1Opinion of the Court
Lowe, J.1
The demurrer should have been overruled. The defendant Trussell was' not a Iona fide assignee. According to the averments in the petition at the time he took the assignment, he was fully cognizant of Sheets’ total' insolvency, and received the same subject to the right of the plaintiff to offset his judgment, pro tanto, against that of the defendant.
Section 3328 of the .Revision of 1860 is in aid of the common law enabling the party, through the sheriff, when he had executions on both judgments, to do directly and in a summary way what he had a right to call upon a court of equity to…
2Cases cited5 opinions
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Ford v. StuartNew York Supreme Court · 1822
- Chamberlin v. DayNew York Supreme Court · 1824
- Bank of Niagara v. M'CrackenNew York Supreme Court · 1821
3Cited by7 opinions
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Hurst v. SheetsSupreme Court of Iowa · 1866
- Gray v. McCallisterSupreme Court of Iowa · 1879
- Benson v. HaywoodSupreme Court of Iowa · 1892
- Wells v. ClarksonMontana Supreme Court · 1874
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