Choen v. Guthrie
West Virginia Supreme Court
A writ of error and swpersedeas to a judgment of the circuit court of Mason county, rendered on the 18th day of October, 1876, in an action in said court then pending wherein J. M». Choen was plaintiff, and F. A. Guthrie and others were defendants, granted on the petition of said' Choen. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment appealed from.
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A writ of error and swpersedeas to a judgment of the circuit court of Mason county, rendered on the 18th day of October, 1876, in an action in said court then pending wherein J. M». Choen was plaintiff, and F. A. Guthrie and others were defendants, granted on the petition of said' Choen. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment appealed from. Green, President, furnishes the following statement of the case: In January 1879, J. M. Choen brought an action of assumpsit in the county court of Mason county, against F. A. Guthrie, S. G. Shaw and J. C. Timms for…
1Opinion of the Court
GreeN, PRESIDENT,
delivered the opinion of the Court:
The question involved in this case is, whether the county court erred in permitting the defendant, Shaw, to prove the offset which he named in his specification of offsets and in rendering a judgment in his favor for the difference between this offset and the plaintiff’s claim jointly against him and the other defendants. It is too well settled to admit of any controversy, that at common law a joint and sepárale demand can not be set off against each other. See Porter v. Nechervis, 4 Rand. 363; Scott v. Treat, 1 Wash. 79; Armstead v. Bullers…
2Cases cited6 opinions
- Brotton v. LangertWashington Supreme Court · 1890
- Hartness v. ThompsonNew York Supreme Court · 1809
- Steptoe v. ReadSupreme Court of Virginia · 1868
- Ritchie v. MooreSupreme Court of Virginia · 1817
- Porter v. NekervisCourt of Appeals of Virginia · 1826
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3Cited by17 opinions
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- Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
- Benedum v. First Citizens BankWest Virginia Supreme Court · 1913
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hoffman v. BircherWest Virginia Supreme Court · 1883
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