Smith v. Smith
Indiana Supreme Court
APPEAL from the Tippecanoe Circuit Court. This was an appeal from an injunction granted by the Circuit Court, to restrain proceedings in an action at law, upon a bill of discovery.
Read the full summary
APPEAL from the Tippecanoe Circuit Court. This was an appeal from an injunction granted by the Circuit Court, to restrain proceedings in an action at law, upon a bill of discovery. The bill charged, that the action at láw was brought upon two counts, for goods sold, and money had and received, to recover a balance, claimed by the appellants to be due by the appellee, upon two contracts for the sale and delivery by the former to the latter, of two thousand barrels of salt; — that by the first contract the appellants agreed to deliver to the appellee, 500 barrels on or before the first day of…
1Opinion of the CourtSmith, J.
— “ The evidence, of which the bill seeks a discovery, could be of no avail to the appellee in the action at law, as an un-liquidated demand for damages, such as he charges he has sustained, is not a proper subject of set-off. McKinney v. Bellows, 3 Blackf. 31; R. S. p. 708, § 204. We think, therefore, the injunction should not have been granted.”
The decree granting the injunction was reversed, and the cause remanded with instructions to the Circuit Court to dismiss the bill.
2Cases cited1 opinion
- M'Kinney v. BellowsIndiana Supreme Court · 1832