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1 Patton & Heath 46

Sneed v. Smith

Court of Appeals of Virginia

Decided January 15, 1855

Court of Appeals of Virginia · decided 1855-01-15

James A. Smith filed his bill in 1847 in the Circuit Court of Mecklenburg-, praying an injunction against Joseph G. Sneed, to restrain him from further proceeding upon a judgment for $3,500 against the said plaintiff.

Decided 1855-01-15

*GIEMER, J.

¶1The court is of opinion that, whatever grounds there may be for suspecting that the appellant exacted from the appellee usurious interest upon the various loans in the proceedings mentioned; as the allegations in the bill are denied in the answer and unsustained by proof, the appellee is not entitled to any relief. The court is also of opinion, for a similar reason, that the appellee is not entitled to any relief as to the credit of $350, claimed by him on account of the negotiable note in the bill mentioned; and that the said decree is, therefore, erroneous.

The other judges concurred in the opinion of GILMER, J.

¶2Decree reversed.

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