Campbell v. Park

Decided November 23, 1895

Court of Appeals of Texas · decided 1895-11-23

1. Set-off — Limitations—Open Account and Note. An open account which is barred by limitations can not be used as a set-off in a suit on a promissory note between the same parties. 2. Same — Statements of Mutual Indebtedness. The fact that statements of mutual indebtedness between plaintiff and defendant were by them prepared and exhibited in an attempt at settlement, one of which statements included a note, will not preclude plaintiff in an action on such note from pleading limitations against the account of defendant so exhibited, when the latter is set up as an offset.

Good law ✅— No negative treatment on recordhow we know

Decided 1895-11-23

How this case has been cited

Cited by 8 later decisions — most recently October 1931

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 OU REHEARinG.

LIGHTFOOT, Chief Justice.

¶2 The only ground of the motion for rehearing is that the judgment below was not a final judgment, because a portion of the defendants were non-residents, were cited by publication, and no attorneys were appointed by the court to represent them.

¶3 Answers were filed in the court below, for all the defendants, as appears from the record, and the court below in its judgment finds as follows: ''This cause coming on regularly for trial before the court, a jury being waived, both plaintiffs and defendants appeared by attorneys and announced ready for trial, etc.” It is there adjudged that plaintiff take nothing by his suit, and that defendants recover of plaintiff their costs.

¶4 The ground of the motion is not sustained by the record, and the motion for rehearing is overruled.

¶5 Overruled.