2 U.S. 380 (____)

2 Dall. 380

HANCOCK Administrator versus HILLEGAS.

Supreme Court of United States.

Attorney(s) appearing for the Case

Thomas, thereupon, obtained a rule to shew cause why the defendant should not be allowed a set-off for the amount of his payments, and that, in the meantime, proceedings on the execution be stayed.

BY THE COURT. The agreement is to enter judgment for what may be due. The plaintiff has no right to decide the question. It is evident, from the terms of the agreement, that there was something to settle; and the plaintiff, either by arbitration, or by a Jury, should have proceeded to make the settlement, with notice to the defendant, before he entered the Judgment; or, at least before he issued the execution.

The rule...

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