Enter v. Quesse

Citations

• 30 S.C. 126
• 8 S.E. 796
• 1889 S.C. LEXIS 81

Syllabus

<p>1. Under the Code of Procedure, interpreted in the light of the common law, a defendant cannot sot up as a counter-claim a debt purchased by him after the commencement of plaintiff s action.</p> <p>2. In a proceeding to enforce a„meehanic’s lien, defendants cannot, either at law or in equity, interpose, by way of counter-claim or set-off, a distinct and disconnected demand against plaintiff, purchased by them after issue joined, with knowledge that the plaintiff was insolvent.</p>