Jordan v. Herrick
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. Geo. S. Dodds, Special Judge. Suit by T. N. Gordan against Holmes & Herrick in which defendant filed a plea of set-off. From a judgment over for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Harrison county. Hon. Geo. S. Dodds, Special Judge. Suit by T. N. Gordan against Holmes & Herrick in which defendant filed a plea of set-off. From a judgment over for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. By section 3117, Code of 1906, Holmes & Herrick were entitled to plead this set-off to the extent of the amount demanded by Jordan; because, if they held the set-off as they claimed against Jordan, then they had a right, even though it was barred by the statute of limitations, to plead it to the extent of the…
1Opinion of the CourtSmith, J.
Appellant instituted this suit to recover of appellees a sum of money alleged to be due him by them. One of appellees’ special pleas alleged, by way of set-off and recoupment, that appellant owed them a sum of money larger than the amount sued for, and asked judgment over against him for the difference between this amount and the amount of his claim. Appellant’s replication to this plea was simply a general denial of the facts therein set forth. Judgment over having been rendered for appellees against appellant for the balance alleged by them to be due them, he appeals to this court, and…
2Cases cited1 opinion
- Hines v. PottsMississippi Supreme Court · 1879
3Cited by1 opinion
- W. T. Raleigh Co. v. FortenberryMississippi Supreme Court · 1923