Feld & Silverberg v. Coleman
Mississippi Supreme Court
Feom the chancery court of Leflore county. Hon. H. C. Conn, Chancellor, presiding by interchange. The opinion states the case. If execution had been issued on the Portwood judgment before the claim of Feld & Silverberg was barred, the case would be parallel with Poney v. Maddox, 65 Miss., 193, which settles the right of plaintiff to use his claim in equity as a set-off against the judgment of defendant in attachment.
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Feom the chancery court of Leflore county. Hon. H. C. Conn, Chancellor, presiding by interchange. The opinion states the case. If execution had been issued on the Portwood judgment before the claim of Feld & Silverberg was barred, the case would be parallel with Poney v. Maddox, 65 Miss., 193, which settles the right of plaintiff to use his claim in equity as a set-off against the judgment of defendant in attachment. The account, having been held at the time the inquiry for damages was made, was a proper offset to the judgment, and could be so used in chancery, even though it had afterwards…
1Opinion of the CourtCooper, C. J.
The appellants brought suit by attachment against one Port-wood to recover a debt he owed them of $371.52. On the plea of the defendant traversing the grounds of attachment alleged by the plaintiffs, the jury found that the attachment had been unlawfully issued, and awarded damages to the defendant of .$369.05, on which verdict a judgment was rendered against the *547plaintiffs and the surety upon their attachment bond, and their suit was dismissed. The appellants’ claim against Portwood is now barred by limitation; he.is insolvent, and has transferred and assigned the judgment he recovered…
2Cases cited1 opinion
- A. A. Posey & Bro. v. MaddoxMississippi Supreme Court · 1887
3Cited by6 opinions
- Hardin v. Grenada BankMississippi Supreme Court · 1938
- Chandler v. CookeMississippi Supreme Court · 1931
- Martin v. McGrawMississippi Supreme Court · 1964
- Bettman-Dunlap Co. v. GertzMississippi Supreme Court · 1928
- Gerald v. FosterMississippi Supreme Court · 1964
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