Skrine v. Simmons
Supreme Court of Georgia
Motion to set-off Judgment. Decided by Judge Holt, in Burke Superior Court, November Term, 1861. Joseph T. Simmons and his wife (formerly Mary R. Skrine), with John J., Charles C., and Eugenius A. Skrine, filed against Quintillian Skrine, as administrator of William A. Skrine, deceased, a bill for discovery, account, and distribution.
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Motion to set-off Judgment. Decided by Judge Holt, in Burke Superior Court, November Term, 1861. Joseph T. Simmons and his wife (formerly Mary R. Skrine), with John J., Charles C., and Eugenius A. Skrine, filed against Quintillian Skrine, as administrator of William A. Skrine, deceased, a bill for discovery, account, and distribution. The cause was submitted to arbitration, and under the award and decree thereon, was fully settled as between complainants and said administrator. In order to do full equity, said complainants also submitted certain accounts between themselves, growing out of…
1Opinion of the CourtWalker, J.
1. The Court below refused to set-off one judgment against the other on the ground that Skrine’s was invalid. Why invalid, we are unable to understand. It was rendered by a Court of competent jurisdiction, and was therefore valid until set aside by a proceeding instituted directly for that purpose. It could not be collaterally attacked on account of any irregularity in its procurement. Walker vs. Morris, 14 Ga. R., 323; Cochran vs. Davis, 20 Ga. R., 581.
*4042. The judgments being valid, why should not the larger be extinguished pro tanto by the smaller ? Our Court, in Meriwether vs. Bird, 9 Ga.…
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