Wyvell v. Barwise
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Wadena county, G. L. Brown, J., presiding, denying his motion that a judgment of the same court of $356.20, in his favor against defendant Barwise, and the judgment of $270.61, recovered against him by Barwise in this action, be set off against each other.
1Opinion of the Court
Gilfillan, C. J.1
Appeal from an order refusing a motion to set off judgments against each other. June 22, 1888, respondent Bar-wise recovered judgment against the appellant, and on the same day assigned it to the respondent Katzky, who now owns it. June 24, 1889, appellant recovered judgment against Barwise. These are the judgments sought to be set off. There are other reasons upon which the court might have refused the motion, but the above statement of the facts presents one that renders the consideration of any other unnecessary. There could be no right of set-off of the judgments till…
2Cited by2 opinions
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- Hyde v. GearhartSouth Dakota Supreme Court · 1921