 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
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1893 - 1122 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...the testator or intestate and either party, one debt mav be set against the other." 3. The statute of 8 Geo. II., ch. 24, 4 5, enacts, " that, by virtue... | |
 | New York (State) - Law - 1894 - 1200 pages
...their Creditors or if either party Sue or be Sued as Executors or Administrators where there are any Mutual Debts between the Testator or Intestate and either party one Debt Shall be Set Against the other and Such Matter may be given in Evidence upon the General Issue or Pleadiug... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1900 - 930 pages
...are, "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," &c. Here the debt claimed does not appear to be a debt due to the testator. The administratrix here... | |
 | Ontario - Law - 1902 - 206 pages
...OFF. 5. 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. 2 Geo. 2, c. 22, s. 13. 6. Mutual debts may be set against each other, notwithstanding that such debts... | |
 | Frederick Stroud - Encyclopedias and dictionaries - 1903 - 928 pages
...debts (V. DEBT) between the plaintiff and defendant, or if either party sue or be sued as exor or admor (where there are mutual debts between the testator...either party), one debt may be set against the other" (s. 13, 2 G. 2, c. 22; в. 4, 8 G. 2, c. 24). V. now as to Set-Off and Counterclaim, R. 3, Ord. 19,... | |
 | North Carolina - North Carolina - 1904 - 1016 pages
...either party sue, or be sued, as Executor or Administrator, where there are mutual Debts subsisting between the Testator or Intestate, and either Party, one Debt may be set against the other, either by being pleaded in Bar, or given in Evidence, on the General Issue on Notice given of the Particular... | |
 | Arthur Robert Ingpen - Executors and administrators - 1908 - 804 pages
...per- Mutual debts petual by 8 Geo. II. c. 24, s. 4), provides that " if either party ^y^96'0*sue or be sued as executor or administrator, where there...either party one debt may be set against the other." Set-off may, in general, be pleaded wherever the claims Both claims on both sides are liquidated debts... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1915 - 916 pages
...enacts: "That where there arq mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there...debts between the testator or intestate and either ALLISON party," ie, the defendant or plaintiff, "one debt may be set SMITH. against the other." This... | |
 | Law reports, digests, etc - 1924 - 1078 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,... | |
| |
