Gregory v. Cuppy

• Decision Date: 24 May 1900
• Citation: 82 N.W. 1016
• Parties: GREGORY v. CUPPY (BRUHN, INTERVENER).
• Court: Iowa Supreme Court

82 N.W. 1016

GREGORY

v.CUPPY (BRUHN, INTERVENER).

Supreme Court of Iowa.

May 24, 1900.

Appeal from district court, Pottawattamie county; W. R. Green, Judge.

The defendant, Cuppy, was the owner of an unsatisfied judgment against the plaintiff, Gregory. Gregory afterwards obtained a judgment against Cuppy. Pending the suit which ripened into this judgment, Gregory gave the intervener writings which attempted to establish liens upon the judgment which he might obtain against Cuppy, and Gregory's attorneys filed a lien for attorney's fees in procuring the judgment against Cuppy. The district court, in a proceeding in which all parties appeared, decreed the Cuppy judgment against Gregory an offset against Gregory's judgment, regardless of intervener's lien, and also established the lien of Gregory's attorneys as superior to intervener's lien. The plaintiff and intervener appeal. Affirmed.H. F. Gregory and F. Bruin, for appellants.

George H. Gable, for appellee.

PER CURIAM.

The record before us is very imperfect. It does not show an appeal as to the attorneys Flickinger Bros., nor does it show any exceptions on the part of the plaintiff, Gregory, to the order of the court. The order of the court says the matter was submitted upon agreed facts, but none appear other than those shown in the preceding statement. Enough, however, appears to warrant the order made by the trial court. Section 4040 of the Code provides for the set-off of mutual judgments. Conceding that the intervener held what amounted to an assignment of a part of the plaintiff's judgment against defendant, Cuppy, the defendant still had the right of offset given him by the statute, because the judgments were mutual. Benson v. Haywood, 86 Iowa, 107, 53 N. W. 85, 23 L. R. A. 335. The judgment of the district court is therefore affirmed.