B. & O. R. R. v. Jameson
West Virginia Supreme Court
Writ o± error and supersedeas to a judgment ~of~the circuit court of Jefferson county, rendered on 13th clay of November, 1876, in an action of debt, in said court then pending, wherein the Baltimore and Ohio Railroad Company was plaintiff, and Jacob S. Jameson was defendant, awarded on time petition of said Jameson. flon. John Blair loge, judge of the third judicial circuit, rendered the judgment com1ilaiiied ol.
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Writ o± error and supersedeas to a judgment ~of~the circuit court of Jefferson county, rendered on 13th clay of November, 1876, in an action of debt, in said court then pending, wherein the Baltimore and Ohio Railroad Company was plaintiff, and Jacob S. Jameson was defendant, awarded on time petition of said Jameson. flon. John Blair loge, judge of the third judicial circuit, rendered the judgment com1ilaiiied ol. GREEN, PItE~IDE~NT, furnishes the the following state-iiient of tile ease On March 20, 1868, Jacob S. Jarneson and W. T. Janieson executed and delivered to the Baltimore and Ohio…
1Opinion of the Court
GreeN, PRESIDENT,
delivered the opinion of the Court :
The principal point involved in this case is : Did the court err in sustaining the demurrer to the plea of set-off? The plea of set-off is a creation oí statute law. At common law, a defendant was in no case allowed to recover a judgment for damages for a positive claim against the plaintiff. At common law when there were mutual cross demands, unconnected with each other, arising upon contract express or implied, though the demands of each party were licpridated, or capable of be-being ascertained by simple calculation, they could not ‘be…
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- Smith v. WarnerMichigan Supreme Court · 1866
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