Witherow v. Weaver

Opinion by

Mr. Justice Drew,

This suit arises out of the issuance by the receiver of the First National Bank of Darby of a writ of scire facias to revive a judgment, held by that bank at the time it went into liquidation, against H. Walter Weaver and Charlotte R. Weaver, his wife, which judgment admittedly had then been reduced to the sum of $912.90.

In the affidavit of defense and amended affidavit of defense filed by Weaver and his wife to the writ, a set-off of $913.56, by way of new matter, was claimed, since that amount was on deposit in the name of “H. Walter Weaver, Collector” at the time…