A. A. Posey & Bro. v. Maddox

Mississippi Supreme Court October 15, 1887

A. A. Posey & Bro. v. Maddox, 65 Miss. 193 (Miss. 1887)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the Court.

*197The demurrer should have been overruled. The act entitled “An Act relating to damages in attachment cases,” approved March 11, 1884, Acts, p. 16, has no effect on the principles of set-off, as administered in chancery courts. Notwithstanding that act, a court of chancery will decree a set-off where, on principles of equity, it should be done. The bill presents a case for the interposition of a court of chancery.

Reversed, demurrer overruled and cause remanded, with leave to answer in thirty days from the filing of the mandate herein ■in the Chancery Court.

Reference

Full Case Name: A. A. Posey & Bro. v. C. M. Maddox
Cited By: 4 cases
Status: Published
Syllabus: 1. Chancery Practice. Judgment for damages in attachment. Effect of Act of March 12,1884, as to set-off. The Act of March 12, 1884, (Acts of 1884, p. 74,) which in effect provides that where a judgment for damages is awarded the defendant for the wrongful suing out of the attachment, the suit as well as the writ shall abate, so as to prevent a set-off of such judgment against the debt sued for? has no application to the principles of set-off as administered in the Chancery Court. 2. Same. Judgment for damages in attachment. Injunction. Set-off. And when such judgment for damages is sought to be enforced, the execution thereof may he, in a proper case, enjoined in a court of chancery and the judgment be set off against the debt due the defendant therein.