Depoyster Lumber Co. v. Commercial Lumber Co.

Under our statute of set-off and recoupment (section 10172, Code 1923), it has always been held that a debt due to one of several defendants, sued jointly, may be set off against the plaintiff’s demand. Huddleston v. Askey, 56 Ala. 218; Riley v. Stallworth, 56 Ala. 481; Bank v. Poelnitz, 61 Ala. 147; Craft v. Craft, 209 Ala. 226, 95 So. 901. That construction of the statute, which has been repeatedly re-enacted without change, must now bo adhered to. Moreover, it has been expressly recognized by the provisions of section 5860, Code 1907 (section 10174, Code 1923).

In the instant case, however,…