Legal Opinion

Williams v. McGehee

Supreme Court of Florida

Decided January 15, 1848PublishedCited by 3 opinions

Error to the Jefferson Circuit Court. This case was tried at the Circuit before Judge Baltzell.— The facts of the case are fully set forth in the opinion of the Court, delivered by the Chief Justice. 1. The whole record is before the Court. 6 liar. & Johns. 81. 2. Wm. C. Miller was incompetent from his interest in the event of this cause.

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Error to the Jefferson Circuit Court. This case was tried at the Circuit before Judge Baltzell.— The facts of the case are fully set forth in the opinion of the Court, delivered by the Chief Justice. 1. The whole record is before the Court. 6 liar. & Johns. 81. 2. Wm. C. Miller was incompetent from his interest in the event of this cause. He was interested, because he had engaged to pay the cost, and the plaintiff had refused to conduct the suit; because the plaintiff’s success would gain him a credit on reimbursement — the plaintiff’s failure would cause him to loose the one or the other.—…

1Opinion of the Court

Douglas, Chief Justice,

delivered the following opinion:

This is an action of assumpsit instituted by John Miller in his lifetime against Darius Williams and John A. Craig to recover a - sum of money alleged to have been over paid to them and money paid them by mistake. The declaration contains counts for work and labor and for an account stated and common money counts.

*62Plea non assumpsit, upon which issue was joined and upon the trial of that issue there was a verdict and judgment for the plaintiff (in whose name the suit had been revived by scire facias before the trial) for the sum of #574…

2Cases cited4 opinions

  1. Griswold v. SedgwickNew York Supreme Court · 1828
  2. Moore v. HitchcockNew York Supreme Court · 1830
  3. United States Bank v. StearnsNew York Supreme Court · 1836
  4. People v. HubbardNew York Supreme Court · 1840

3Cited by3 opinions

  1. Zabrani v. RiveronDistrict Court of Appeal of Florida · 1986
  2. Hackmann v. HylandDistrict Court of Appeal of Florida · 1984
  3. Carter v. First Tr. Svgs. Bk. as Admr.Supreme Court of Florida · 1932

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