 that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...  Reports of Cases Argued and Determined in the Courts of Exchequer ... - Page 361by Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835Full view - About this book
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1878 - 936 pages
...these,—' Where there are mutual debts between the plaintiff and defendant, or, if either party sue or be sued as executor or administrator, where there...either party, one debt may be set against the other.' The expressions are not very happily chosen, but the meaning seems to us very clear. The case of mutual... | |
 | India - 1878 - 852 pages
...:— " Where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there...testator or intestate and either party, one debt may set against the other Notice shall be given of the particular sum or debt." This clause was made perpetual... | |
 | John Collyer - Partnership - 1878 - 976 pages
...v. Emmert, 15 1ll. 415. mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there...testator or intestate and either party, one debt may IKTS alone for a debt owing to the plaintiff by the firm. In such a case the defendant should plead... | |
 | Josiah William Smith - Common law - 1880 - 800 pages
...752-3.) Thus, if there are mutual debts between the plaintiff and defendant, or if either party is sued as executor or administrator, where there are...mutual debts between the testator or intestate and the other party, one debt, if of definite amount, and in the same right, and recoverable by action... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1883 - 958 pages
...the plaintiff and defendant, or if either party sue or be sued, as executor or administrator, when there are mutual debts between the testator or intestate...issue, or pleaded in bar, as the nature of the case may require, so as at the time of his pleading the general issue, when any such debt of the plaintiff,... | |
 | Law reports, digests, etc - 1884 - 1030 pages
...and effect provided that where there were mutual debts between the plaintiff and the defendant, . . . one debt may be set against the other, and such matter may be given in evidence under the general issue. Set-offs might, ever after the passage of that act, be made, in a proper case,... | |
 | Law reports, digests, etc - 1900 - 1060 pages
...provided that where there are mutual debts between the plaintiff and defendant or, If either party sue or ӄ v4k S 13 ,kx 8 ֬A cs* = Eީ Ş jx稬 Ls &U... mk [ 5T E [~ / N I_ R > ˈ It also provided that such demands might be given in evidence under the general issue with notice or... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1893 - 1120 pages
...follows: " Where there, are mutual debts between the plaintiff and defendant, or, if either party sue or be sued as executor or administrator, where there...either party, one debt may be set against the other." 3. The statute of 8 Geo. II., ch. 24, i 5, enacts, "that, by virtue of the said clause in the said... | |
 | George Tucker Bispham - Equity - 1887 - 760 pages
...enacting thatin cases of mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there...testator or intestate, and either party, one debt maybe set off against the other. And it is under this enactment, made perpetual aud extended by a subsequent... | |
 | John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1889 - 1090 pages
...also SET-OFF and COUNTER-CLAIM. — By stat. 2 Geo. II. c. 22, § 13, where either party sues, or is sued, as executor or administrator where there are...and either party, one debt may be set against the other.2 To entitle the defendant to a set-off under the statute, the debts must be mutual, and the... | |
| |
