Powell v. Hogue

Judge' Simpson

delivered ihe opinion of the Court.

The only question in this case is, whether in an actiononajoint bond against several defendants, by a single plaintiff, it is in the power of one of the defendants to set-off a separate demand against the plaintiff.

The only difference between this case and that of Dunn vs West, &c., (5 B. Monroe, 376,) in which one of several defendants was allowed to set-off a separate claim against the plaintiff is, that there the bond sued on, was joint and several, here it Is joint merely.

The doctrine and reasoning contained in that case, however, fully…