Pirie v. Harkness
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. J.. O. Andrews, Judge. Application to set off mutual judgments. After notice to respondent Ms attorney served appellants with, notice that he claimed a lien upon the judgment. The court deMed plaintiffs? application except as to the balance of the judgment over and above the amount claimed by the attorney. From this order the plaintiffs appeal. The facts are stated in the opinion.
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Appeal from circuit court, Clark county. Hon. J.. O. Andrews, Judge. Application to set off mutual judgments. After notice to respondent Ms attorney served appellants with, notice that he claimed a lien upon the judgment. The court deMed plaintiffs? application except as to the balance of the judgment over and above the amount claimed by the attorney. From this order the plaintiffs appeal. The facts are stated in the opinion. In case of mutual judgments an attorney’s lien upon the smaller judgment will not attach to • defeat the right of set-off in the creditor of the larger judgment. Section…
1Opinion of the CourtKellam, P. J.
This was a motion to set off mutual judgments. Respondent had a judgment against appellants for $122.35. Appellants, having a judgment against respondent for $909.55, applied to the court on motion to have respondent’s judgment credited upon or set off pro tanto against their judgment against respondent. Appellants gave notice to respondent’s attorney of such application on the 19th day of March, 1891. After the service' of such notice, but upon the same day, respondent’s attorney mailed to appellants in Chicago “notice that he claimed a lien *181upon the judgment * * * for the sum of $65.” Upon…
2Cited by9 opinions
- Alexander v. ClarksonSupreme Court of Kansas · 1917
- Hroch v. Aultman & Taylor Co.South Dakota Supreme Court · 1893
- Schuler v. CollinsSupreme Court of Kansas · 1901
- Northwestern Port Huron Co. v. BabcockCourt of Appeals for the Eighth Circuit · 1915
- Day v. LarsenOregon Supreme Court · 1896
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