...case this was not so, and the decision of the Court below would therefore be affirmed. 1 Which enacts, that " where there are mutual debts between the plaintiff...party, one debt may be set against the other." AND SOLICITORS' JOURNAL " Still attornejed at your service,"— SATURDAY, AUGUST 25, 1855. POSTPONED BILLS...

...then provides for the case of executors and administrators, and enables them to plead a set-off, " where there are mutual debts between the testator or intestate and either party." The general words of the first part of the section are restrained where either the plaintiff or defendant...

...the plaintiff and defendant," such debts as are here shewn are mutual : but the additional words, " or if either party sue or be sued as executor or administrator,...between the testator or intestate and either party," are surely wide enough to comprehend the case. At any rate they do not restrict the effect of the earlier...

...bill in equity, it was enacted by 2 Geo. II. c. 22, s. 13 (made perpetual by 8 Geo. II. c. 24, s. 4) that: —" Where there are mutual debts between the...testator or intestate, and either party, one debt may set against the other." And by 8 Geo. II. c. 24, s. 5, it was enacted and declared, that:—" By virtue...

...When may a defendant resort to the plea of set-off as a defence to an action, and when not 1 ANS. — Where there are mutual debts between the plaintiff and defendant, or if either party be sued as executor or administrator where there are mutual debts between the testator or intestate...

...481.) Where there are mutual debts between the set-off, plaintiff and defendant, or, if either party be sued as executor or administrator, where there...testator or intestate and either party, one debt, if of definite amount, and in the same right, and recoverable by action by the party pleading it, may...

...Limitations: (Joliffe v. Pitt, 2 Vern. 694.) By 2 Geo. 2, c. 22, s. 13, where either party sues or is sued as executor or administrator, where there are...or intestate and either party, one debt may be set off against the other. But in an action by an executor in his own name, to recover monej due to the...

...either party may sue or be sued as executor or administrator, and there are mutual debts, subsisting between the testator or intestate and either party, one debt may be set against the other, either by being pleaded in bar, or given in evidence on the general issue, on notice given of the particular...

...therein. 25 Set-off. 88. In any Case in which there are mutual Dehts between the c6/!^ 40 Plamtiff and the Defendant, or if either Party sue or be sued as Executor or Administrator where there are mutual Dehts between the Testator and Intestate and either Party, whether such Debts have accrued before or...

...action might have been maintained by the defendant against the plaintiff. (Chit. Con. 752-3.) Thus if there are mutual debts between the plaintiff and defendant, or, if either party is sued as executor or administrator, where there are mutual debts between the testator or intestate...