Nash v. Kreling

SMITH, C.

Appeal from an order denying the defendant’s motion to recall execution issued by plaintiff.

The ease is as follows: In two suits brought by the plaintiff against the defendant in the court below, judgment was. entered in the one for the plaintiff, for the sum of $307.75,. and in the other, for the defendant, for the sum of $134.75 and, on appeal, both judgments were affirmed by this court February 13, 1899. Notice of motion to offset the defendant’s judgment was served on plaintiff’s attorney February 23d, and came on for hearing March 18th, of the same year; but by reason of the…