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1 Smith & H. 337

Smith v. Smith

Indiana Supreme Court

Decided November 15, 1849

Indiana Supreme Court · decided 1849-11-15

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.

Relies on M'Kinney v. Bellows

Decided 1849-11-15

Smith, J.

¶1— “ 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.”

¶2The decree granting the injunction was reversed, and the cause remanded with instructions to the Circuit Court to dismiss the bill.

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