Smith v. Smith
1 Smith & H. 337
Procedural entryThis page is a short order in Smith v. Smith. Read the opinion of the Court — 8 Blackf. 208 →
Opinion
— “ 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.
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Smith v. Smith, 1 Smith & H. 337 (Ind. 1849).
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Related
M'Kinney v. Bellows
3 Blackf. 31 (Indiana Supreme Court, 1832)