Davis v. Hadden

Supreme Court of Georgia

Davis v. Hadden

41 S.E. 608, 115 Ga. 466, 1902 Ga. LEXIS 455

CourtSupreme Court of Georgia

DecidedApril 30, 1902

StatusPublished

Cited by2 cases

This text of 41 S.E. 608 (Davis v. Hadden) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Hadden, 41 S.E. 608, 115 Ga. 466, 1902 Ga. LEXIS 455 (Ga. 1902).

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Opinion

Simmons, C. J.

A set-off at law can be had only in cases where the demands attempted to be set off are mutual and held by the parties in their own right. It follows that a defendant sued in his individual capacity can not set off against the plaintiff’s demand a claim that he in a representative capacity as executor holds against the plaintiff. Civil Code, §§3746, 3747. Daniel v. Bush, 80 Ga. 218.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

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Simmons, C. J.

A set-off at law can be had only in cases where the demands attempted to be set off are mutual and held by the parties in their own right. It follows that a defendant sued in his individual capacity can not set off against the plaintiff’s demand a claim that he in a representative capacity as executor holds against the plaintiff. Civil Code, §§3746, 3747. Daniel v. Bush, 80 Ga. 218.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

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Bluebook (online)

41 S.E. 608, 115 Ga. 466, 1902 Ga. LEXIS 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-hadden-ga-1902.

Opinion

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