Carson v. Carson

This was a proceeding to compel a restitution of money that had been collected on a judgment, which was afterwards reversed.

The question to be decided is, can the party against whom such a proceeding is instituted defeat a recovery by making it appear that he has a demand against the claimant, fully equal in amount to the sum which was collected under the judgment, and which he is called upon to refund?

We do not deem it necessary to decide whether an ordinary set-off could be relied upon for that purpose, inasmuch as it appears in this case that the claimant is a non-resident; and that fact…