Heck v. Volz

The opinion of Mr. Justice Vann, who-tried this cause in the court below, so clearly sets forth the law applicable to the question as to the validity of the defendant’s title, that nothing need be added thereto.

We think, however, that the learned Justice erred in granting an extra allowance to the defendant’s ex parte.

The plaintiff had a right to be heard upon this subject, before an adjudication upon it was made.

The judgment appealed from must therefore be modified by deducting from the money judgment entered herein, the sum of $250, the amount of said extra allowance, and as-modified…