Twigg v. Hopkins

Citations

• 85 Md. 301
• 37 A. 24
• 1897 Md. LEXIS 51

Syllabus

<p>Injunction Against Judgment — Neglect to Defend at Law — Enforcing Set-off in Equity Against Judgment.</p> <p>'The execution of a judgment by default will not be restrained upon the ground that the amount recovered was excessive, or that the defendant was entitled to a credit by way of recoupment, when the party asking for the injunction neglected to avail himself of these defences at law.</p> <p>When there are mutual claims between the judgment creditor and the judgment debtor and the judgment debtor is insolvent, equity will require him to deduct from his judgment the amount which he owes to the judgment debtor. But where there is no insolvency the reason for equitable interference does not exist.</p>