110 Ga. 536 | Ga. | 1900
On May 24, 1894, Smith recovered a judgment against Evans, in an action ex delicto, for the sum of $200. On March 4, 1895, Evans recovered a judgment against Smith for $686, besides interest, in an action brought upon a promissory note which Evans had purchased while the suit in which Smith
This case is controlled by the ruling made in the case of Langston v. Roby, 68 Ga. 406. In that case it was held that the right of setting off one judgment against another is conferred by express statute, and may be exercised although the result may be an extinguishment of the judgment, and thereby the attorney may lose the power of enforcing it for his fee. It appeared in that case that Boby had recovered a judgment against Langston in April, 1878, in an action ex delicto, and that Langston had on July 2, 1878, recovered against Boby, who was insolvent,-a judgment on an account which was due in 1876. The attorney of Boby was made a party, and objected to Langston’s judgment being set off against Boby’s in so far as it interfered with the attorney’s lien for his fee. The motion to set' oil the judgments was denied, and upon writ of error that judgment was reversed by this court. Counsel for plaintiff in error in 'the present case contend that that case differs materially from this?, for the reason that Langston held the claim against Boby at the time that Boby’s suit against him was commenced, and that for this reason Langston had an equitable right of set-off before the attorney’s lien attached to Boby’s suit; whereas in the present case Evans acquired his claim against Smith while the latter’s .suit was pending, and after the lien of Smith’s attorneys had at
■Judgment affirmed.