Lyon v. Smith

The sheriff of Clinton county, haying an execution against relator, issued from said court, in favor of William N. McEoberts, and one from the same court in favor of relator against McEoberts, was requested by relator to set off one against the other, and did so; and, relator having paid him the balance, he returned the larger execution satisfied. Before doing so he spoke to Mr. Fedewa, the attorney for McEoberts, who assented to his making the set-off. A motion was subsequently made to set aside the return, and grant an execution on the judgment against the relator, upon the application of…