Simmons v. Reid

Citations

• 31 S.C. 389
• 9 S.E. 1058
• 1889 S.C. LEXIS 46

Syllabus

<p>1. This court is not bound to consider exceptions that are couched in general terms and that do not indicate the specific errors complained of.</p> <p>2. The Court of Common Pleas may by motion on rule to show cause, require parties to set off their judgments pro tanto against each other; but this jurisdiction is equitable in its nature, and the application is addressed to the sound, judicial discretion of the court. The Circuit Judge properly refused to permit defendant to set off his judgment against a judgment obtained by plaintiff in claim and delivery after plaintiff, in pursuance of a prior parol agreement, had assigned his judgment to his attorney in payment for services rendered in obtaining it, who in turn, for value, assigned it to a stranger, neither of the assignees having notice of defendant’s judgment.</p> <p>3. This court is not at liberty to consider an issue not passed upon in the court below.</p>