Taylor v. Williams

By the Court,

Cole, J.

This is an application on the part of Williams, the defendant in error, to have a judgment for costs in this court against him set off against a larger judgment in his favor obtained against Taylor in the circuit court. The application is made upon motion and proper notice to the opposite party.

From the authorities cited in support of the motion, it would seem to be the practice in England to set off one judgment against another even when they are in different courts. Hall vs. Ody, 2 Bos. & Pul., 29; Bridges vs. Smyth, 8 Bing., 29; Bristowe vs. Needham, 7 M. & G., 648. In…