Jones v. Melton
Supreme Court of Alabama
Error to the Circuit Court of Wilcox. Assumpsit by the plaintiff against the defendant in error. Plea of set-off, consisting of a judgment obtained by the defendant against the plaintiff in the county court of Dallas. Demurrer to the plea, and demurrer sustained by the court, and judgment for plaintiff. The judgment of the court on the demurrer, is now assigned for error. cited 3 Co wen, 133; 8 ib» ' 126; 3 McCord, 318; 2 Chitty, 475.
1Opinion of the CourtOrmond, J.
The statute of this State, [Clay’s Dig. 338r § 141,] allows a set-off where ver there are mutual debts subsisting between the plaintiff and defendant, and it follows, that if a judgment is a debt, it may be a set-off. That a judgment is a debt, is too clear for argument, but it is supposed, that as our statute requires the jury to certify the sum which the defendant may establish beyond the plaintiff’s demand, and for which the court is required to enter judgment in favor of the defendant, that this is *831•a virtual exclusion of judgments as sets-off, as there might be two judgments for a part…
2Cited by2 opinions
- Crabtree v. CliattSupreme Court of Alabama · 1853
- McMahan v. CrabtreeSupreme Court of Alabama · 1857