Legal Opinion

Meriwether v. Bird

Supreme Court of Georgia

Decided May 15, 1851No. 106PublishedCited by 10 opinions

Assumpsit, &c. in Putnam Superior Court. Tried before Judge Johnson, March Term, 1851. Suit was brought by the administrators of Wm.

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Assumpsit, &c. in Putnam Superior Court. Tried before Judge Johnson, March Term, 1851. Suit was brought by the administrators of Wm. Biscoe, against James A. Meriwether and Daniel Slade, upon a promissory note for $633,75, dated 12th January, 1838, and due, 25th December, 1838. Defendant, James A. Meriwether, pleaded and proved, by way of set-off, an account for services rendered as an attorney, at various 'times during the years 1839, ’40, ’41, amounting to $410.69. Defendant’s counsel requested the Court to charge the Jury, “ that in malting the calculation of what was due between the…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

The plaintiffs in error were sued by the administrators of William Biscoe, deceased, upon a note given by them, to the intestate in his life time. They pleaded a set-off for professional services rendered the deceased, and the only question in the cause is, at what time the account should be deducted. The Circuit Judge held, at the time of the trial, and this opinion is excepted to, and is now assigned as error.

[l.j The object of a set-off, is to liquidate the whole, or a part of the plaintiff’s demand. As a remedy, it was unknown to the Common…

2Cited by10 opinions

  1. Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
  2. United States v. Citizens and Southern National Bank, United States of America v. Citizens and Southern National BankCourt of Appeals for the Fifth Circuit · 1976
  3. Nix v. EllisSupreme Court of Georgia · 1903
  4. Nixon v. NixonSupreme Court of Georgia · 1942
  5. Tuttle v. BisbeeSupreme Court of Iowa · 1909

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