Franks v. Edinberg
Massachusetts Supreme Judicial Court
Appeal from an order made in the Superior Court by Gas-kill, J., that in a set-off, under R. L. c.' 170, § 2, of judgments recovered respectively by the plaintiff and the defendant in independent actions, there should be allowed to Franks as not subject to set-off the sum of $92 recovered by him as taxable costs in an action against Edinberg in the State of New York.
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Appeal from an order made in the Superior Court by Gas-kill, J., that in a set-off, under R. L. c.' 170, § 2, of judgments recovered respectively by the plaintiff and the defendant in independent actions, there should be allowed to Franks as not subject to set-off the sum of $92 recovered by him as taxable costs in an action against Edinberg in the State of New York. The motion of Edinberg for a set-off of judgments was as follows: “ Now comes the defendant- and avers that since the finding by the court in the above entitled action in the plaintiff’s favor the defendant has recovered in said…
1Opinion of the CourtHammond, J.
Courts have the power at common law to set off judgments. This power is said to be vested in them “by-virtue of their superintendence of all legal proceedings depending before them,” and its exercise is at the discretion of the court. Makepeace v. Coates, 8 Mass. 451. Ames v. Bates, 119 Mass. 397.
But there are certain statutory provisions with reference to actions between a non-resident plaintiff and a resident defendant, and the question is whether the resident defendant is entitled to a set-off of judgments in a case like the one now before us.
By the original act giving to a resident…
2Cases cited5 opinions
- Makepeace v. CoatesMassachusetts Supreme Judicial Court · 1812
- Bent v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1884
- Vinal v. SpoffordMassachusetts Supreme Judicial Court · 1885
- Ames v. BatesMassachusetts Supreme Judicial Court · 1876
- Shepard v. City of LawrenceMassachusetts Supreme Judicial Court · 1886
3Cited by7 opinions
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Commonwealth v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1910
- Murphy v. Brilliant Co.Massachusetts Supreme Judicial Court · 1948
- Goldman v. Noxon Chemical Products Co.Massachusetts Supreme Judicial Court · 1931
- Blake v. RogersMassachusetts Supreme Judicial Court · 1912
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