Rapier v. Holland , 1 Minor 176 ( 1823 )

Chief Justice Lipscomb

delivered the opinion of the Court.

If we were to admit that the special replication of the plaintiff was bad, we should be bound to look back to the first Error of the party demurring : there can be no doubt but that the defendants’ plea of set-off was bad, and would have been so held on general demurrer. In an action on a promise made to an administrator, a debt due from his intestate cannot be set off: the demands are in different rights : to set off the last against the first might do injustice to the rights of other creditors, and with our Statutes as to insolvent estates, &c.^(a) would tend to involve estates in endless confusion.

Coalter, for plaintiff in Error. Martin, for defendant in Error.

Judgment reversed and cause remanded.

(a) see Laws Ala. p. 329.