A. A. Posey & Bro. v. Maddox

Citations

• 65 Miss. 193

Syllabus

<p>1. Chancery Practice. Judgment for damages in attachment. Effect of Act of March 12,1884, as to set-off.</p> <p>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.</p> <p>2. Same. Judgment for damages in attachment. Injunction. Set-off.</p> <p>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.</p>