Watts & Son v. Sayre
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. ELeard before the lion. Titos. M. Arrtngton. The bill in this case was filed on the 3d June, 18*5, by Calvin L. Sayre, against Thomas II.
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Appeal from the City Court of Montgomery, in Equity. ELeard before the lion. Titos. M. Arrtngton. The bill in this case was filed on the 3d June, 18*5, by Calvin L. Sayre, against Thomas II. Watts and Thomas H. Watts, Jr., individually, and as partners in business under the firm name of Watts & Son ; and sought to enjoin the collection of a judgment which said Watts & Son had recovered against the complainant, and to establish as a set-off against it, to the extent of the interest of said Thomas II. Watts therein, which was alleged to be at least one-half, a judgment which one Geo. B. Holmes…
1Opinion of the CourtClobton, J.
— Whatever may have been the rules prior to statutory regulations, since the enactment of statutes on the subject of set-off, courts of equity have generally, in the absence of any intervening and controlling equity, followed the law, and put the same construction on the statutes as the courts of law. In 2 Story Eq. Jur. § 1434, the author observes : “ It is true that equity generally follows the law, as to set-off ; but it is with limitations and restrictions. If there is no connection between the demands, then the rule is as it is at law. But, if there is a connection between the demands,…
2Cases cited13 opinions
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
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3Cited by12 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Cannon v. LindseySupreme Court of Alabama · 1887
- Glover v. HembreeSupreme Court of Alabama · 1886
- First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
- Scholze v. SteinerSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.