 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 870 Seiten
...Bottomley v. Brooke, where the Court suffered the defendant to set off a debt due from Mrs. Chancel/or in the same manner as if the action had been brought by her. The only difference between that case and this is, that there the plaintiff himself was not originally... | |
 | Sir John Comyns - 1825 - 576 Seiten
...trustee on the bond, the court permitted the defendant to set off a debt due from the cestuique littst, in the same manner as if the action had been brought by him, 1 TR C23. The whole penalty of a bond cannot be set off. (And Qu. Whether under a penalty of a... | |
 | New York (State) - 1829 - 878 Seiten
...belonging to the defend- £'(fcutor"' ant at the time of their death, may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased. § 24. Whenever a set-off is established in a suit brought by execu-... | |
 | New York (State) - 1829 - 882 Seiten
...existing against their testators or intestates, and belonging to the defendant at the time of their death, any female under the age m«lo< under " r * e \ ijfour and in the name of the deceased. «^i'™o * $ 56. Whenever a set-off is established in a suit brought... | |
 | Wisconsin - 1839 - 476 Seiten
...belonging to the de- ^™ndstexfendant at the time of their death, may be set off by the defendant «utors. in the same manner as if the action had been brought by and in the name of the deceased. <5 7. Whenever a set-off is established in a suit brought, by execu-... | |
 | Esek Cowen - 1841 - 698 Seiten
...existing against their testators or intestates, and belonging to the defendant at the time of their death, in the same manner as if the action had been brought by and in the name of the deceased. But if the demand against the testator or intestate did not, at the... | |
 | 1842 - 536 Seiten
...Bottomley v. Brooke, where the Court suffered the defendant to set off a debt due from Mrs. Chancellor, in the same manner as if the action had been brought by her." Thus assignments of this nature have gradually been recognized in courts of common law. With... | |
 | Michigan - 1846 - 896 Seiten
...to the tie- by executor,, *o femndant at tine time of their dentin, may be set offby the defendant in the same manner as if the action had been brought by and in the name of the deceased. SEC. 31. When a set-off is established in a suit brought by execu-... | |
 | New York (State). Court of Chancery, Oliver Lorenzo Barbour - 1849 - 730 Seiten
...intestates, and belonging to the defendant at the time of their deaths, may be set off, by the defendant, in the same manner as if the action had been brought by, and in the name of, the deceased. (2 RS 355, §§ 23, 37, of 2d ed.) To entitle the defendant to an... | |
 | Benjamin Kingsbury (Jr.) - 1852 - 420 Seiten
...testators or intestates, which belonged to the defendant at the time of their death, may be set-off in the same manner as if the action had been brought by the deceased. In this latter case, if a balance is found due the defendant, the judgment therefor shall... | |
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... in the same manner as if the action had been brought by and in the name of the deceased. 
