Smith v. Huie
Supreme Court of Alabama
Error to the County Court of Autauga. Assumpsit by the plaintiffs in error, before his Honor H. Brown. The declaration contains the common counts: to which the defendants pleaded in short, by consent, “ non-assumpsit, payment, set off, and statute of limitations, and that said supposed claim was not presented to said administrator within eighteen months after the grant of administration.”
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Error to the County Court of Autauga. Assumpsit by the plaintiffs in error, before his Honor H. Brown. The declaration contains the common counts: to which the defendants pleaded in short, by consent, “ non-assumpsit, payment, set off, and statute of limitations, and that said supposed claim was not presented to said administrator within eighteen months after the grant of administration.” Upon the trial, as appears from a bill of exceptions, the defendant offered as an off set to the plaintiff’s demand, an open account for $‘240, being the value of certain corn, al-ledged to have been sold by…
1Opinion of the CourtCollier, C. J.
1. Our statute of set off provides, that “In all cases where there are, or shall be mutual debts subsisting between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts subsisting between the testator, or intestate, and either party, one debt may be set against the other, either by being pleaded in bar, or given in evidence on the general issue, or notice given of the particular sum intended to be set off, and on what account the sum is due, notwithstanding such debts may be deemed in law to be of a different nature,” &c.…
2Cases cited9 opinions
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- George v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1845
- Dunn v. WhiteSupreme Court of Alabama · 1840
- Evans v. Norris, Stodder & Co.Supreme Court of Alabama · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tidewater Quarry Co. v. ScottSupreme Court of Virginia · 1906
- Charnley v. SibleyCourt of Appeals for the Seventh Circuit · 1896
- Hurt v. HurtSupreme Court of Alabama · 1908
- Hamilton v. City of AnnistonSupreme Court of Alabama · 1959
- Rayburn v. HurdOregon Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.