Crocker v. Claughly

The plaintiffs, in an action for the recovery of money, only obtained a verdict for $35,.which they immediately assigned to their attorney. Judgment was subsequently entered and perfected, and was, that the plaintiffs should recover the $35, and the defendant his costs, amounting to $65.56. The defendant, upon an affidavit of the facts, and of the insolvency of the plaintiffs, moved that the judgment of the plaintiffs should be satisfied by a set-off of an equal amount of the costs which he had recovered.

The Chief Justice, without passing upon other questions which were raised, held that the…