Tribble v. Taul

Dissent of

Chief Justice Bibb,

on the question of set off in equity.

The circuit court has decreed a perpetual injunction against a judgment at law, obtained by Tribble in the name of Jones’ administrator. The administrator of Jones confesses he has no interest in the judgment .against Taul, that the note was passed to Tribble without assignment. Tribble acknowledges that he did obtain the judgment in the name of Jones’ administrator, but for his own use and benefit; he admits that he did refuse to discount this note out of the account exhibited against him by the bill. The proof sufficiently…