Dahl v. Auberle
Citations
- 4 Pa. Super. 627
- 1897 Pa. Super. LEXIS 178
Syllabus
<p>Judgment — Set-off—Legal and equitable set-off.</p> <p>A judgment was obtained against a constable for an illegal distraint and the landlord permitted to intervene as defendant. This judgment was subsequently assigned by the plaintiff’s estate, subject to an allotment of it as exemption claimed by plaintiff’s widow. The landlord petitioned for leave to set off against the judgment a subsequent judgment obtained by him against the plaintiff’s estate. Held, That neither law nor equity will justify the court in ordering the set-off of judgment prayed for.</p>
Judges: Beaver, Orlady, Reeder, Rice, Smith, Wickham, Willard
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