Lindsay v. Pettigrew
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by Elisha E. Lindsay against Frederick W. Petti-grew. Joe Kirby intervenes. From an order of the trial court denying an application to set off a judgment for costs in defendant’s favor against a judgment in plaintiff’s favor, defendant appeals. The facts are stated in the opinion. In cases where the mutual judgments arise from the same action, the right to set off is superior to the attorney’s lien.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by Elisha E. Lindsay against Frederick W. Petti-grew. Joe Kirby intervenes. From an order of the trial court denying an application to set off a judgment for costs in defendant’s favor against a judgment in plaintiff’s favor, defendant appeals. The facts are stated in the opinion. In cases where the mutual judgments arise from the same action, the right to set off is superior to the attorney’s lien. Pjjnkin y, Vanderbergh, 1 Paige Ch. 622; Porter y. Lane, 8 Johns. Rep. 357; Spence v. White, 1 Johns, Cas. 102; Ross v.…
1Opinion of the CourtFuller, J.
This appeal is from an order of the trial court denying an application to set off pro tanto a judgment for costs, entered in defendant’s favor against plaintiff, in an action in which plaintiff obtained the judgment against defendant, which is sought to be made the subject of a set-off. Practically, but one question of law is presented, and the essential undisputed facts are, in effect, as follows: The original trial of the cause resulted in a judgment for plaintiff, which was reversed on appeal to this court (52 N. W. 873), and a new trial was ordered. The costs were taxed herein against the…
2Cases cited11 opinions
- Renick v. LudingtonWest Virginia Supreme Court · 1880
- Dunkin v. VandenberghNew York Court of Chancery · 1829
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1892
- Hroch v. Aultman & Taylor Co.South Dakota Supreme Court · 1893
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3Cited by6 opinions
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- Lee v. Sioux Falls Motor Co.South Dakota Supreme Court · 1937
- Shima v. ShimaDistrict Court, District of Columbia · 1943
- Garrigan v. HuntimerSouth Dakota Supreme Court · 1907
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