Palmer for Use v. Heath

Opinion by

Stadtfeld, J.,

This is an appeal by defendant, Heath, from the decree of the court discharging a rule to show cause why defendant should not be permitted to set off against the judgment entered in the above entitled case, certain judgments held by said Heath against R. E. Palmer, legal plaintiff.

The judgment in said case was entered on August 16, 1932, on a certain note under seal containing warrant of attorney authorizing confession of judgment, executed by C. H. Heath and dated November 7, 1930, calling for the payment of $375 six months after date. The note was assigned and…