People ex rel. Manning v. New York C. P.
New York Supreme Court
Motion for a mandamus to compel the common pleas to set off a judgment, upon this state of factsj: Daniel Strang sued John Whitehead, in the circuit court of the United States the southern district of New York, for the recovery of a debt. The suit was dismissed for want of jurisdiction in the court, on the ground that Whitehead was a citizen of a terri"onJi ai)(^ not a s'ta>’e °f the union.
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Motion for a mandamus to compel the common pleas to set off a judgment, upon this state of factsj: Daniel Strang sued John Whitehead, in the circuit court of the United States the southern district of New York, for the recovery of a debt. The suit was dismissed for want of jurisdiction in the court, on the ground that Whitehead was a citizen of a terri"onJi ai)(^ not a s'ta>’e °f the union. Whiteljead thereupon brought his suit against Strang and his attorney, Manning,in the C. P. of New York for false imprisonment for the arrest in the circuit court, and recovered judgment in 1831; which…
1Opinion of the Court
*651 By the Court,
Savage, Ch. J.
“ Opposite demands arising upon judgments, may upon motion be set off against each other whenever such set-off is equitable, though the judgments are in different courts, and though the parties to the different records are not the same.” Montague on Set-offs, 6. 1 H. Black. 217. 2 Str. 891. 8 T. R. 69. 2 Black. 896. 3 Wils. 396. 4 T. R. 123. In setting off’judgments in the English courts, there is a difference between the king's bench and common pleas, in regard to the attorney’s lien for his costs: the former holding that the costs are not to be set off but only…
2Cases cited1 opinion
- Schermerhorn v. SchermerhornNew York Supreme Court · 1805
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- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
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