Legal Opinion · Dissent

Scrivner v. McClelland

Supreme Court of Oklahoma

Decided September 17, 1918No. 9701Published

Error from District Court, Garvin County; F. B. Swank. Judge. Action by E. H. Scrivner against J. H. McClelland. From judgment on demurrer, for defendant, plaintiff brings error.

1DissentSharp, J.

I cannot concur in much that is said in the court’s opinion. I think that paragraph 1 of the petition states a good cause of action, and that the trial court erred in sustaining a general demurrer to the petition. It is in the discussion and pronouncement of law applicable to the second paragraph of the petition, wherein equitable l'elief was sought, that I believe the court is in error.

The court first holds that — •

“Courts of equity have the power to allow set-offs of mutual demands where such relief is necessary to enable the party claiming it to collect his claim,” citing as authority…

2Cases cited22 opinions

  1. Covington v. FisherSupreme Court of Oklahoma · 1908
  2. Schroeppell v. . ShawNew York Court of Appeals · 1850
  3. Conwill v. EldridgeSupreme Court of Oklahoma · 1918
  4. Harding v. HawkinsIllinois Supreme Court · 1892
  5. Hughes v. KanoSupreme Court of Oklahoma · 1918

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