Gould v. McFall
Supreme Court of Pennsylvania
ERROR to THE COURT OE COMMON BLEAS NO. 2 OE ALLEGHENY COUNTY. No. 52 October Term 1885, Sup. Ct. On November 14, 1880, Robert McFall recovered a judgment against Wm. L. Gould and Caroline Gould, his wife, for groceries and provisions furnished. Mrs. Gould took an appeal to the Court of Common Pleas.
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ERROR to THE COURT OE COMMON BLEAS NO. 2 OE ALLEGHENY COUNTY. No. 52 October Term 1885, Sup. Ct. On November 14, 1880, Robert McFall recovered a judgment against Wm. L. Gould and Caroline Gould, his wife, for groceries and provisions furnished. Mrs. Gould took an appeal to the Court of Common Pleas. On October 26, 1883, the cause being called for trial, the defendants did not appear, and judgment was entered against them for $25.26, with interest from July 3, 1880. Afterward executions were issued, a levy made upon real estate of Mrs. Gould, and a sheriff’s sale advertised for the first…
1Opinion of the Court
Opinion,
Mk. Justice Paxson :
This was a rule to show cause why a writ of restitution should not issue.
Restitution is not of mere right. It is ex gratia, resting in *457the exercise of a sound discretion, and the court will not order it where the justice of the case does not call for it, nor where the process is set aside for a mere slip : Harger v. Washington County, 12 Pa. 251. It is settled law that one who voluntarily pays money with full knowledge or means of knowledge of all the facts, without any fraud having been practiced upon him, cannot recover it back by reason of the payment having…
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