Ridley's ex'rs. v. Buchanan
Tennessee Supreme Court
At the January Term, 1852, of tbe circuit court of Davidson county, TubNee, Judge, presiding, there was judgment in tbis case for tbe plaintiff, tbe defendants appealed in error, and tbe plaintiff prosecuted a writ of error. argued: It may be considered doubtful whether there can be two replications even to an ordinary plea of set-off.
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At the January Term, 1852, of tbe circuit court of Davidson county, TubNee, Judge, presiding, there was judgment in tbis case for tbe plaintiff, tbe defendants appealed in error, and tbe plaintiff prosecuted a writ of error. argued: It may be considered doubtful whether there can be two replications even to an ordinary plea of set-off. See Cbitty’s PL, 582. But when a record is either pleaded or sued upon and tbe plea or replication of nul Uel reced'd is made, there cannot at tbe same time be an issue of fact to the jury; this would be in reality pleading and demurring at the same time;…
1Opinion of the CourtMoKiNNBY, J.
The plaintiffs in error were sued in an action of debt, upon certain bills single executed by their testator to the defendant in error. To this action, the defendants below, pleaded, first, a pie a of set-off, of a judgment recovered in the same court, by confession, at the September term thereof, 1842, in favor of their testator, against said Buchanan, for the sum of one thousand one hundred and fifty-nine dollars and twenty-two cents, which exceeded the debt sued for; and out of which judgment, they offered to set-off an amount equal to the debt and damages demanded in the declaration.
The…
2Cases cited1 opinion
- Mills v. DuryeeSupreme Court of the United States · 1813
3Cited by2 opinions
- Polk v. TorrenceTennessee Supreme Court · 1966
- Johnson v. TramellCourt of Appeals of Tennessee · 1932