Ladd & Bush v. Ferguson & McFadden

Citations

• 9 Or. 180

Syllabus

<p>Costs — Set-Off—-Judgment—Assignment.</p> <p>Where a judgment has been obtained against a sheriff for,the possession of property wrongfully seized and detained by him, under process, and for costs of the action, the plaintiffs in such process are not entitled, in equity, to set-off against such judgment for costs, a judgment held,by them against the party recovering,such judgment against the sheriff', although they have indemnified the sheriff for such seizure and detention.</p> <p>A written assignment of the costs and disbursements to be recovered in such action, executed before the entry of judgment, by the plaintiff therein to his attorney, in consideration of professional services rendered in such action, is valid, and would prevent any right of set-off from attaching, if such right could otherwise have been made available.</p>