Louisville N. R. Co. v. Echols

The appellant made a motion in the circuit court under section 5861 of the Code of 1907, which provides:

“Judgments may be set off against each other by a court of record on motion.”

The motion was overruled without more in the way of a judgment.

In the ease of Ex parte Lehman, Durr & Co., 59 Ala. 631, this question was involved, and the statute was there considered, and the court issued the rule nisi and awarded a mandamus instructing the trial court to vacate the order disallowing the set-off, thus in effect holding that such an order would not support an appeal, for the reason that mandamus…