Stuart v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the common pleas of Mifflin county. The Commonwealth for the use of Thos. Todd, administrator, of . Thos.' Beale, deceased, against Samuel Stuart. Debt on recognizance. The plaintiffs intestate, and the defendan thád each been sheriff of Mifflin county, and this action was brought by the plaintiff to recover fees of his intestate, which had accrued while he had been in office, and which had been collected by the defendant.
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ERROR to the common pleas of Mifflin county. The Commonwealth for the use of Thos. Todd, administrator, of . Thos.' Beale, deceased, against Samuel Stuart. Debt on recognizance. The plaintiffs intestate, and the defendan thád each been sheriff of Mifflin county, and this action was brought by the plaintiff to recover fees of his intestate, which had accrued while he had been in office, and which had been collected by the defendant. After the plaintiff had established his cause of action, the defendant offered to prove that the estate of Thomas Beale was indebted to him ,for costs to which he…
1Opinion of the Court
*75The opinion of the Court was delivered by
Gibson, C. J.
A cardinal rule in the interpretation of statutes of set-off, requires that there be mutuality of demand both as regards the quality of the right, and the identity of the parties. Our statute is, in other respects, more remedial than the British; but no difference, as to the matter in question, can be thought to result from the difference of the words. The British statute gives a set-off, in express terms, only “ where there are mutual debts between the plaintiff and the defendant, or, if either party sue or be sued as an executor or…
2Cases cited8 opinions
- Childerston v. HammonSupreme Court of Pennsylvania · 1822
- Executors of Darroch v. Administrators of HaySupreme Court of Pennsylvania · 1797
- Wolfersberger v. BucherSupreme Court of Pennsylvania · 1823
- Jamison v. BradySupreme Court of Pennsylvania · 1821
- Wilmarth v. MountfordSupreme Court of Pennsylvania · 1822
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hunter v. HenningSupreme Court of Pennsylvania · 1918
- Kelsey v. MurphySupreme Court of Pennsylvania · 1858
- Bindley v. PittsburghSuperior Court of Pennsylvania · 1916
- Commonwealth Trust Company of Pittsburgh's AppealSupreme Court of Pennsylvania · 1936
- Brusstar's EstateSuperior Court of Pennsylvania · 1936
3 more not listed; retrieve them via the Exa API.