Rosser v. Bunn & Timberlake
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Louis Wyeth. This action was brought by Henry Bunn and John P. Timberlake, against Walter Bosser and William Washington ; was commenced on the 15th April, 1875 ; and was founded on an injunction bond executed by the.defendants (jointly with W. A. Austin, since deceased), the condition of' which was in these words : “ Whereas the said Walter Eosser has filed his bill of complaint in the said Cliancery Court of…
Read the full summary
Appeal from the Circuit Court of Jackson. Tried before the Hon. Louis Wyeth. This action was brought by Henry Bunn and John P. Timberlake, against Walter Bosser and William Washington ; was commenced on the 15th April, 1875 ; and was founded on an injunction bond executed by the.defendants (jointly with W. A. Austin, since deceased), the condition of' which was in these words : “ Whereas the said Walter Eosser has filed his bill of complaint in the said Cliancery Court of Jackson eountj', and has obtained thereon an order for the issuance of an injunction, from the Hon. E. S. Watkins,…
1Opinion of the CourtStone, J.
In the Code of 1876, section 2991, is the following language : “ Mutual debts, liquidated or unliquidated demands not sounding in damages merely, subsisting between the parties at the time of suit brought, may be set off, one against the other, by the defendant or his personal representative, whether the legal title be in the defendant or not.” It will be observed that demands may be set off, one against the other, to the same extent that debts may be, with the single exception, that such demand, if it sound in damages merely, can not be the subject of a set-off. Demand, in this section, must…
2Cases cited15 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
- Mudge v. TreatSupreme Court of Alabama · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Trump v. McDonnellSupreme Court of Alabama · 1898
- Coleman v. PepperSupreme Court of Alabama · 1909
- Locklin v. TuckerSupreme Court of Alabama · 1922
36 more not listed; retrieve them via the Exa API.