Holly v. Cook
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. W. T. Houston, Chaucellor. In 1887, appellee, Catherine Cook, recovered a judgment against L. B. Holly for $100 in an action of slander. While her action was pending, Holly instituted a suit against her for slander, and likewise recovered judgment for $25. In April, 1892, an execution issued on the laht-mentioned judgment, and was levied upou a house owned by Mrs. Cook, the defendant.
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From the chancery court of Harrison county. Hon. W. T. Houston, Chaucellor. In 1887, appellee, Catherine Cook, recovered a judgment against L. B. Holly for $100 in an action of slander. While her action was pending, Holly instituted a suit against her for slander, and likewise recovered judgment for $25. In April, 1892, an execution issued on the laht-mentioned judgment, and was levied upou a house owned by Mrs. Cook, the defendant. To prevent her place being sold, she paid into the officer’s hands the amount of the judgment against her, and costs; but, as her judgment against Holly was still…
1Opinion of the CourtCampbell, C. J.
When Holly’s judgment'was recovered against the appellee and assigned, she had no claim against him which could be set off against this judgment, at law or in equity. When she obtained judgment against Holly, the judgment he had before' against her had been assigned, and was not his, and •she was not then entitled to have Holly’s judgment credited on hers against him. The fact that she got judgment against him before she learned of his transfer of the judgment against her, does not make any difference. Our “anti-commercial statute” does not apply. Judgments are not embraced by. it, and we…
2Cited by1 opinion
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