Temple & Beaupre v. Scott
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. The appellants, Temple & Beaupre, in October, 1857, obtained judgment in tbe Court below against the Respondent, Scott, for $800 42, upon which execution issued and $95 47 were collected. No further sum has ever been collected on this judgment, and it appears by affidavit that Scott has no property that can he reached in execution.
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APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. The appellants, Temple & Beaupre, in October, 1857, obtained judgment in tbe Court below against the Respondent, Scott, for $800 42, upon which execution issued and $95 47 were collected. No further sum has ever been collected on this judgment, and it appears by affidavit that Scott has no property that can he reached in execution. In March, 1859, Scott, in the same Court obtained judgment against Temple & Beaupre, for $126 19, in an action against T. & B. and others to recover as his damages the value of certain' property belonging to him,…
1Opinion of the Court
By the Court
— Flandrau, J.
The District Court possesses full power to adjust adverse claims existing between its suitors, by setting off judgments recovered between the same parties. This power is not dependent upon statutory provisions, but rests in the general jurisdiction of the Court over its suitors. 4 John. Oh. R. 93, 94; Montagu on Set-offs, 6; 3 Caine's, 190; *4211 John. 144; 3 John. 247; 8 Cow. 126; 7 Cow. 469; 7 Hill, 186. The exercise of this power by Courts is productive of equitable results, by affording a speedy and inexpensive mode for the settlement of counter claims between…
2Cases cited4 opinions
- Devoy v. BoyerNew York Supreme Court · 1808
- Brewerton v. HarrisNew York Supreme Court · 1806
- Ewen v. TerryNew York Supreme Court · 1828
- Gilman v. Van SlyckNew York Supreme Court · 1827
3Cited by13 opinions
- Puett v. BeardIndiana Supreme Court · 1882
- Butner v. BowserIndiana Supreme Court · 1885
- Ainsworth v. Bank of CaliforniaCalifornia Supreme Court · 1897
- In Re MedillUnited States Bankruptcy Court, D. Minnesota · 1990
- Cleveland v. McCannaNorth Dakota Supreme Court · 1898
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