Langston v. Roby
Supreme Court of Georgia
Judgments. Attorney and Client. Set-Off. Before Judge Lawson. Jasper Superior Court, October Term, 1881. -At the April term, 1S78, of Jasper superior court, Henry Roby recovered a judgment on an action of trespass for damages against David M. Langston, which suit was instituted by C. W. Jordan', Esq., as attorney, for the sum of $50.00, principal.
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Judgments. Attorney and Client. Set-Off. Before Judge Lawson. Jasper Superior Court, October Term, 1881. -At the April term, 1S78, of Jasper superior court, Henry Roby recovered a judgment on an action of trespass for damages against David M. Langston, which suit was instituted by C. W. Jordan', Esq., as attorney, for the sum of $50.00, principal. On the 2d day of July, 1878, David M. Langston recovered a judgment on an account due previous to April, 1878, in the county court of Jasper county, against Henry Roby, for the sum of $48.25 principal. At the October term, 1878, Langston moved the…
1Opinion of the Court
Jackson, Chief Justice.
The question made in this case is, can a judgment juni- or by three months to another be set off against the other so as to extinguish counsel fees, or a lien for counsel fees upon the senior judgment, the senior judgment being rendered in a suit for tort, and the junior judgment on a cause of action arising ex contractu ?
The judgment ex contractu could be set off to that ex *409delicto between the parties themselves, beyond all doubt; because the statute does not make the character of the judgment a condition to the right of set-off. The statute is, “ one judgment may be…
2Cases cited4 opinions
- Tommey & Stewart v. EllisSupreme Court of Georgia · 1870
- Utica Insurance v. PowerNew York Court of Chancery · 1831
- Scott v. HarkinsSupreme Court of Georgia · 1861
- Gray v. LawsonSupreme Court of Georgia · 1867
3Cited by13 opinions
- Horne v. DrachmanSupreme Court of Georgia · 1981
- McGahee v. McGaheeSupreme Court of Georgia · 1948
- Sheffield v. PreacherSupreme Court of Georgia · 1932
- Branan v. FeldmanSupreme Court of Georgia · 1924
- Reichlin v. First National BankWashington Supreme Court · 1935
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