Pride v. Smalley

Plaintiff recovered a judgment against the defendant in this court for a sum which did not carry costs. The defendant now applies to have set off against this judgment one which he holds against the plaintiff. That he would ordinarily be entitled to this relief is conceded; the only question argued being whether the attorney of the plaintiff has a claim upon the plaintiff’s judgment for his taxable costs and court charges which is entitled to be preferred to the defendant’s right to offset the judgment held by him against the plaintiff.

In the case of Phillips v. Mackay, 25 Vroom 319, this…