Graves v. Hull
Mississippi Supreme Court
On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The facts of the case are contained in the opinion of the court. The whole object of this bill is set-off of all the items of appellees’ account to our judgment, and a decree over for balance. As a bill for set-off it cannot be maintained, for as to these, chancery follows the rales of law. 3 Johns.
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On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The facts of the case are contained in the opinion of the court. The whole object of this bill is set-off of all the items of appellees’ account to our judgment, and a decree over for balance. As a bill for set-off it cannot be maintained, for as to these, chancery follows the rales of law. 3 Johns. Ch. R. 351. There is no mutuality between the demands sued on by us and those which Hull seeks to set off', and therefore they cannot be set off against our judgment. 7 S. & M. 9; 3 Johns. Ch. R. 397. By mutual debts, I…
1Opinion of the CourtJustice Handy
The appellees filed this bill in the superior court of chancery, to enjoin a judgment obtained at law in the name of the appellants, but which is alleged really to belong to the appellant Graves, and to set off against it and have applied in satisfaction of it, the following credits, to which the appellee, Hull, claims to be entitled against Graves.
1st. The judgment is alleged to be founded upon a note made by one Murphy, with Hull as his surety, to- the firm of *421Burton & Graves, and of which Graves subsequently became the owner for his own use and benefit. The bill states that previous to…
2Cited by5 opinions
- Wherry v. LatimerMississippi Supreme Court · 1912
- Sterling Products Co. v. Watkins-Gray Lumber Co.Mississippi Supreme Court · 1922
- Armstrong v. JonesMississippi Supreme Court · 1945
- Perkins v. ColemanMississippi Supreme Court · 1875
- United States v. Raley Contracting CompanyDistrict Court, N.D. Mississippi · 1962