Scrivner v. McClelland
Supreme Court of Oklahoma
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
- Covington v. FisherSupreme Court of Oklahoma · 1908
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- Harding v. HawkinsIllinois Supreme Court · 1892
- Hughes v. KanoSupreme Court of Oklahoma · 1918
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