28 La. Ann. 96 | La. | 1876
This suit is brought via ordinaria on a promissory note, secured by mortgage executed before a notary and two witnesses.
The defendant sets up against this claim the plea of compensation, averring, that plaintiff owes him for professional services as an attorney and counselor-at-law rendered in various eases during the years 1870, 1871,1872, and 1873, the sum of $5085, and he reconvenes for the sum of $1585 as the balance due Mm for professional services.
The court a qua rendered judgment in favor of the plaintiff for th'e amount claimed, with recognition of the plaintiff’s mortgage rights and an order to enforce them against the property mortgaged. The decree reserved to the defendant the right to proceed against tho plaintiff in a separate action on the claims set up by defendant in Ms plea of compensation.
From this judgment the defendant appeals.
The bill of exceptions taken by the plaintiff we deem it unimportant to pass upon. The prescription of three years was pleaded on the part of the plaintiff against all the defendant’s claims. ;
We think the judgment was properly rendered.
It was clearly incompetent for the defendant to set np in compensation against the note sued on the unliquidated claims alleged to bo fdr services rendered as an attorney. Civil Code 2209. :
Judgment affirmed.
Rehearing refused.