People ex rel. Wells v. Circuit Judge for St. Joseph

Motion is made for a mandamus to compel the judge below to allow a set-off of one judgment against another, which he refused on account of a dispute as to rights of an attorney and assignee.

It is very well worth considering whether the statute regulating set-off of executions may not have in some respects interfered with the power to set-off judgments on motion. But it is not necessary to determine this because the case before us does not require it.

It is well settled that the power of courts to set off judgments on motion and not in q regular judicial proceeding is subject to a much broader…