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78 Ala. 211

Campbell v. Conner

Supreme Court of Alabama

Decided December 15, 1884

Supreme Court of Alabama · decided 1884-12-15

Heard before the Hon. N. S. Graham. The bill in this case was filed on the 11th December, 1883, by Campbell & Wright, suing as partners, against J. M. Conner and George A. York; and sought to restrain the issue and levy of an execution on a judgment which said Conner liad obtained against the complainants, and to establish an equitable set-off against it to the amount of $27, taxed as a part of the costs as the witness fees due said York.

Relies on Carroll v. Malone · Tate v. Evans · Ingraham v. Foster

Good law ✅— No negative treatment on recordhow we know

Decided 1884-12-15

How this case has been cited

Cited by 9 later decisions — most recently April 1955

9 state decisions

3018841890190019101920193019401950decided

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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STONE, C. J.

¶1It would seem that pecuniary emolument could not have been the motive of this suit, as the amount *213involved — twenty-seven dollars — will not pay the expense of prosecuting the suit. Still, the amount claimed exceeds twenty dollars, which may be regarded as the fixed minimum of chancery jurisdiction.' Hall v. Cannte, 22 Ala. 650.

¶2The bill contains every necessary averment to give the Chancery Court jurisdiction of the set-off claimed. York’s fees for attendance as a witness for Campbell & Wright have become merged in the judgment Conner recovered against them, and can be collected by the sheriff, for York’s benefit, under the execution issued on that judgment. — Code of 1876, § 3140. Campbell & Wright’s set-off could not have been pleaded against York’s claim in that suit. They are, then, guilty of no laches in not seeking redress in that court. Being the owners of the set-off when their liability to York accrued, and York being insolvent, if they pay the witness fees on the execution, they are without remedy to recover them back. This gives jurisdiction to the Chancery Court.— Wood v. Steele, 65 Ala. 436. The witness certificates, not being commercial paper, and, withal, transferred after maturity, are equally liable to set-off, as if still held by York. Carroll v. Malone, 28 Ala. 521; Ingraham v. Foster, 31 Ala. 123; Tate v. Evans, 54 Ala. 16; High on In junctions, 2d ed., 243.

¶3Reversed, injunction reinstated, and cause remanded.

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