Schuler v. Collins

The opinion of the court was delivered by

Johnston, J.:

These cases were tried mainly upon the same testimony and involve substantially the *373same questions, the principal one being the right to set off one judgment against another after the lapse of considerable time and the intervention of the rights of others, and may properly be considered together.

In December, 1894, and at the same term of court, H. B. Schuler and Chester Collins each recovered a judgment against the other. The judgment of Schuler against Collins was declared to be a first lien on city property of the value of about $3000 as…