Smith v. McDougal
WILLIAM SMITH v. McDOUGAL
- Area
- civil
- Panel
- William J. Murray, Jr. (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Murray
Murray, Chief Justice, delivered the opinion of the Court, with which Heydeneeldt, Justice, concurred.
The plaintiffs filed their bill in the Court below, to enjoin the collection of a certain amount of money, which they alleged to have been already paid, by one of the plaintiffs to the defendant.
It appears from the agreed case, that the amount was paid upon an award, and not upon the judgment before rendered between the parties. If this had been a mistake, (which the record does not warrant me in supposing,) it was a mistake of law, and not of fact, against which the Court could not relieve.
The record discloses the fact, that the amount was credited upon the award, by agreement.
The judgment of the Court below is reversed, with costs.