Legal Opinion

Gray v. Badgett

Supreme Court of Arkansas

Decided July 15, 1842PublishedCited by 1 opinion

This was a proceeding by garnishment, determined in the Pulaski Circuit Court, in -, before the Hon. John J. Ceendenin, one of the circuit judges. Gray, Durrive & Co. having obtained judgment against Hudspeth & Sutton, sued out their writ of garnishment against Badgett, setting forth, in the usual form, their judgment.

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This was a proceeding by garnishment, determined in the Pulaski Circuit Court, in -, before the Hon. John J. Ceendenin, one of the circuit judges. Gray, Durrive & Co. having obtained judgment against Hudspeth & Sutton, sued out their writ of garnishment against Badgett, setting forth, in the usual form, their judgment. In answer to the allegations and interrogations filed, Badgett denied any indebtedness to Hudspeth & Sutton, or either of them, or possession’ of either credits, moneys, or effects, but admitted previous mutual dealings between himself and Hudspeth, individually; and that, upon…

1Opinion of the Court

By the Court,

Dickinson, J.

The question of set-off was fully discussed in the case of Tramell vs. Harrell, decided at the present term of this Court, and there held, that a joint demand cannot be set off against a separate one, nor e converso. If the doctrine there held be true, and that it is we have no doubt, Badgett could not offset the individual debt due Hudspeth, against the joint claim of McLain & Badgett. Judgment reversed.

A petition for reconsideration was filed by defendant in error, but overruled, at January term, 1843.

2Cited by1 opinion

  1. Brown v. WrightSupreme Court of Arkansas · 1856

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