Hilliard v. Craig

Indiana Supreme Court

Hilliard v. Craig

16 Ind. 332, 1861 Ind. LEXIS 166

DecidedJune 8, 1861

StatusPublished

This text of 16 Ind. 332 (Hilliard v. Craig) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hilliard v. Craig, 16 Ind. 332, 1861 Ind. LEXIS 166 (Ind. 1861).

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Opinion

Per Curiam.

This was an action by the appellants against the appellee, to procure satisfaction to be entered upon a judgment previously recovered by Craig against the plaintiffs, in the same Court; and to restrain the levying of an execution issued upon the same judgment, alleging the payment thereof in full. Issue; trial by the Court; finding and judgment for the defendant.

The case is brought before us on the evidence. If a certain payment of $100 is embraced in a receipt given by Craig to the plaintiffs for $162TV°-0, the judgment is not fully paid; but if, on the contrary, the $100 proven to have been paid was not included in said receipt, but paid in addition to the amount specified therein, then the judgment is fully paid and satisfied. '

We have looked carefully into the evidence, and are of opinion that it does not sustain the finding; hence, the judg ment must be reversed.

The judgment is reversed, with costs. Cause remanded, &c.

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Per Curiam.

This was an action by the appellants against the appellee, to procure satisfaction to be entered upon a judgment previously recovered by Craig against the plaintiffs, in the same Court; and to restrain the levying of an execution issued upon the same judgment, alleging the payment thereof in full. Issue; trial by the Court; finding and judgment for the defendant.

The case is brought before us on the evidence. If a certain payment of $100 is embraced in a receipt given by Craig to the plaintiffs for $162TV°-0, the judgment is not fully paid; but if, on the contrary, the $100 proven to have been paid was not included in said receipt, but paid in addition to the amount specified therein, then the judgment is fully paid and satisfied. '

We have looked carefully into the evidence, and are of opinion that it does not sustain the finding; hence, the judg ment must be reversed.

The judgment is reversed, with costs. Cause remanded, &c.

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Bluebook (online)

16 Ind. 332, 1861 Ind. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilliard-v-craig-ind-1861.