Holly v. Cook

Citations

• 70 Miss. 590

Syllabus

<p>1. Chancery Court. Set-off. Judgment. Assignment.</p> <p>Where, pending an action, defendant therein recovers a judgment against, .plaintiff, the latter, after recovering his judgment, cannot maintain a bill in chancery to compel the setting off of the two judgments, if, before such recovery by plaintiff, defendant had assigned his judgment.</p> <p>2. Set-oee. Judgments. Assignment. Notice. Code 1880, § 1124.</p> <p>In such case, it is immaterial that, when plaintiff recovered his judgment,, he had no notice of such assignment by defendant. Section 1124, code 1880, providing for the assertion of off-sets and other defenses against, notes and other writings for the payment of money had prior to notice of their assignment, has no application to judgments.</p>