Gray v. Badgett

Decided July 15, 1842

Supreme Court of Arkansas · decided 1842-07-15

This was a proceeding by garnishment, determined in the Pulaski Circuit Court, in -, before the Hon. John J. Ceendenin, one of the circuit judges. Gray, Durrive & Co. having obtained judgment against Hudspeth & Sutton, sued out their writ of garnishment against Badgett, setting forth, in the usual form, their judgment.

Decided 1842-07-15

¶1By the Court,

Dickinson, J.

¶2The question of set-off was fully discussed in the case of Tramell vs. Harrell, decided at the present term of this Court, and there held, that a joint demand cannot be set off against a separate one, nor e converso. If the doctrine there held be true, and that it is we have no doubt, Badgett could not offset the individual debt due Hudspeth, against the joint claim of McLain & Badgett. Judgment reversed.

¶3A petition for reconsideration was filed by defendant in error, but overruled, at January term, 1843.