Sweeney v. Bailey

Citations

• 7 S.D. 404
• 64 N.W. 188
• 1895 S.D. LEXIS 86

Syllabus

<p>1. S. recovered judgment against B. and another (as sheriff) for the taking and conversion of personal property. B. was the party interested, the officer only acting under his direction. B. subsequently obtained a joint and several judgment ag'ainst S. and another on a prommissory note, upon which execution was returned unsatisfied. JTeZd, that B. was entitled to have the judgment of S. against him set olí, pro tanto, against his judgment against S. and another.</p> <p>2. The right to have mutual judgments set off, and the right to attorneys’ liens, are dormant until actively asserted; and, 'when proceedings for setting off judgments are regularly instituted, they are not defeated by Subsequent notice by the attorney of his claim for a lien.</p> <p>(Syllabus by the Court.</p>