Russel v. Conway

Citations

• 11 Cal. 93

Syllabus

<p>A Court of Equity, upon bill filed, will compel an equitable set-off, when the parties have mutual demands against each other which are so situated that it is impossible for the party claiming a set-off to obtain satisfaction of his claim by an ordinary suit at law or in equity.</p> <p>The insolvency of the party against whom the set-off is claimed, is sufficient ground for the exercise of the jurisdiction of the Court of Equity.</p> <p>So held, when the claim against the party praying for a set-off was not a personal claim, but a judgment in rern against property belonging to him, while his claim against the other party was on a judgment.</p> <p>In such a case, where the prayer of the bill is that the judgment against the property of the plaintiff may be satisfied, upon his crediting the judgment obtained by him against the defendant in another Court, the application for set-off must be made in the Court in which the judgment adverse to the plaintiff was entered, that Court having control over that judgment, and the plaintiff having the power to credit or satisfy the judgment held by him against the defendant.</p> <p>As to lien of attorney, see ex parte Kyle (1 Cal. R. 331) and Mansfield v. Borland, (2 lb. 517).</p>