Serhant v. Haker

Citations

• 73 Ohio St. (N.S.) 250

Syllabus

<p>Right of set-off — Sections 5066 to 5077, Revised Statutes — Right cannot he defeated hy other exemption sections, when— Gross demands are to he deemed compensated, when — Law of exemptions.</p> <p>1. The right of set-off is controlled by the sections of the Revised Statutes relating to that subject, (sections 5066 to 5077), and the rights there given are not subject to be defeated by the provisions of other sections relating to exemptions.</p> <p>2. The provision of section 5073 that when cross-demands have existed between persons under such circumstances that if one had brought an action against the other a set-off could have been set up, and that the two demands must be deemed compensated so far as they equal each other, forbids the allowance to one of the demand against him on a claim of exemption even though such claimant may be entitled under the exemption statutes to hold exempt a sum equal to the demand against him.</p>