Boyer v. Clark
Nebraska Supreme Court
On the 27th day of December, 1872, Boyer obtained a judgment against W. P. Clark, for the sum of $37.89, and $9.15, costs of suit. At the time Boyer commenced that action, he procured an order of attachment against the property of Clark upon the usual undertaking therefor.
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On the 27th day of December, 1872, Boyer obtained a judgment against W. P. Clark, for the sum of $37.89, and $9.15, costs of suit. At the time Boyer commenced that action, he procured an order of attachment against the property of Clark upon the usual undertaking therefor. Clark employed McCandless as attorney to procure the dissolution of this attachment, and being unable to pay McCandless for his services, assigned to him all his right, title, and interest in said undertaking, and all right of action that might accrue to him by virtue of the same. McCandless procured the dissolution of the…
1Opinion of the CourtGantt, J.
This is an action in equity to set-off one judgment against another. The plaintiff avers that on the 27th day of December, 1872, he recovered a judgment against the defendant Clark, which remains unsatisfied, and that on the 3d day of January, 1873, the defendant Clark recovered a judgment against him; that the defendants refuse to set off this judgment against the plaintiff’s judgment, and plaintiff therefore prays that the set-off may be made. The defendant McCandless answers the plaintiff’s petition, and avers, that at the commencement of his action, the plaintiff procured an order of…
2Cases cited4 opinions
- Sherman v. BallouNew York Supreme Court · 1828
- M'Kinney v. BellowsIndiana Supreme Court · 1832
- Evens v. HallOhio Superior Court, Cincinnati · 1855
- Ross v. JohnsonOhio Superior Court, Cincinnati · 1855
3Cited by15 opinions
- Ex parte LehmanSupreme Court of Alabama · 1877
- Alexander v. ClarksonSupreme Court of Kansas · 1917
- Raymond Bros. v. Green & Co.Nebraska Supreme Court · 1881
- Schuler v. CollinsSupreme Court of Kansas · 1901
- Richardson v. DotyNebraska Supreme Court · 1885
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