Phillips v. MacKay
Supreme Court of New Jersey
On motion of the defendant to offset a foreign judgment. John T. Phillips began an action against Joseph W. Mac-Kay in the Supreme Court of the State of New York for seducing plaintiff’s daughter. On the 8th day of June, 1889, this action was dismissed for want of prosecution and a judgment rendered in favor of MacKay against Phillips for $141.26 taxed costs, whiqh sum MacKay has paid to his attorney in New York.
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On motion of the defendant to offset a foreign judgment. John T. Phillips began an action against Joseph W. Mac-Kay in the Supreme Court of the State of New York for seducing plaintiff’s daughter. On the 8th day of June, 1889, this action was dismissed for want of prosecution and a judgment rendered in favor of MacKay against Phillips for $141.26 taxed costs, whiqh sum MacKay has paid to his attorney in New York. Phillips brought suit for the same •cause of action against MacKay in this court. The cause was tried at the Passaic Circuit at the September Term, 1890, and .a verdict rendered in…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The power of the court to order one judgment to be set off against another when the judgments are mutually enforcible by the parties is an exercise of the equitable jurisdiction of the court, and will be allowed upon such-terms as will promote substantial justice, McAdams v. Randolph, 13 Vroom 332; Brown ads. Hendrickson, 10 Id. 239. The fact that the judgment sought to be set off is in the court of another state, over whose officers and process this court has-no control, while it may, in individual cases, militate against ordering the…
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