Fulkerson v. Davenport
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. F. P. Wright Judge. 1. Plaintiff Fulkerson is entitled to have his judgments set-off against the judgment against him. Wag. Stat., §§ 3, 4, p. 837; Waterman on Set-off, 365, 395; Simson v. Hart, 14 John. 63; Miller v. Richardson, 1 Mo. 310 ; Thorndike v. De Wolf, 6 Pick. 120 ; Drake on Attachment, 572; Field v. Oliver, 43 Mo. 200; Story Eq.
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Appeal from Johnson Circuit Court. — Hon. F. P. Wright Judge. 1. Plaintiff Fulkerson is entitled to have his judgments set-off against the judgment against him. Wag. Stat., §§ 3, 4, p. 837; Waterman on Set-off, 365, 395; Simson v. Hart, 14 John. 63; Miller v. Richardson, 1 Mo. 310 ; Thorndike v. De Wolf, 6 Pick. 120 ; Drake on Attachment, 572; Field v. Oliver, 43 Mo. 200; Story Eq. Jur.,§ 1437a; Austin v. Feland, 8 Mo. 309; Kent v. Rogers, 24 Mo. 306 ; Waterman on Set-off, 235, 242, 250, 334, 385, 396, 365. 2. The justice’s judgments are not subject to attack collaterally. Franse v. Owens, 25…
1Opinion of the Court
Napton, J. —
1. set-off in equity: judgement: insolvency: parties. This was an application to the circuit court of Johnson county to allow two judgments obtained by plaintiff against defendant to be set-off against. a judgment obtained by defendant and one Ramsey against plaintiff. The grounds upon which this bill in equity was based, were that the defendant Davenport was insolvent, and nothing could be collected of him on execution, and that he was, although the judgment of Ramsey and himself was joint, the owner of the larger part of said judgment. The general rule in regard to set-off in…
2Cases cited3 opinions
- Franse v. OwensSupreme Court of Missouri · 1857
- Blake v. LangdonSupreme Court of Vermont · 1847
- Fagg v. ClementsCalifornia Supreme Court · 1860
3Cited by20 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Armor v. FreySupreme Court of Missouri · 1913
- State v. FarrellSupreme Court of North Carolina · 1944
- Foote v. ClarkSupreme Court of Missouri · 1890
- State v. . FarrellSupreme Court of North Carolina · 1944
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