Jacoby v. Guier
Supreme Court of Pennsylvania
THE plaintiff having obtained two judgments, one for . „ , , . - J . ° . , 175 dollars and costs,-the other tor costs only, against the de~ fenc^ant > the latter obtained a rule to shew cause why he should not be permitted to set-off against them, so much of a larger judgment which he had previously obtained against ’■he P^a*nt'^> as would be sufficient to satisfy them.
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THE plaintiff having obtained two judgments, one for . „ , , . - J . ° . , 175 dollars and costs,-the other tor costs only, against the de~ fenc^ant > the latter obtained a rule to shew cause why he should not be permitted to set-off against them, so much of a larger judgment which he had previously obtained against ’■he P^a*nt'^> as would be sufficient to satisfy them. The plaintiff’s judgments were entered at this term, on verdicts rendered on the 23d November, 1820, in actions for assaults batteries. The judgment sought to be set-off against ° ° ° ° them, was for 4405 dollars 30 cents, and…
1Opinion of the CourtGibson, J.
The objection to the set-off is, that the defendant acquired whatever equitable interest he now has in his judgment, after the plaintiff had assigned his interest in his verdicts to his counsel, who, being the real parties in interest, ought not, it is said, to be affected by any act or change of the original parties after the interest had vested under the assignment from the plaintiff. It is certain the equitable, is the substantial interest in a suit; and, as it constitutes the real ownership of the right to be recovered, it will be treated accordingly. It would, therefore, have been…
2Cited by1 opinion
- Filbert v. HawkSupreme Court of Pennsylvania · 1839