Supreme Court of Georgia, 1902

Davis v. Hadden

Supreme Court of Georgia · Decided April 30, 1902 · Simmons

115 Ga. 466; 41 S.E. 608; 1902 Ga. LEXIS 455

Cases that cite this one

2 later published cases cite this decision.

Shingler v. Furst (Ga. 1933)
Sheffield v. Preacher (Ga. 1932)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Simmons, C. J.

A set-off at law can be had only in cases where the demands attempted to be set off are mutual and held by the parties in their own right. It follows that a defendant sued in his individual capacity can not set off against the plaintiff’s demand a claim that he in a representative capacity as executor holds against the plaintiff. Civil Code, §§3746, 3747. Daniel v. Bush, 80 Ga. 218.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.