Gatlin v. Kilpatrick
Gatlin v. Kilpatrick
Opinion of the Court
delivered the opinion of the Court.
If the complainant could have made any defence to the suit brought on the note, it was strictly of a legal nature, which he had an opportunity of shewing upon trial. If injustice had been done to him on that occasion, his remedy was still in a Court of Law, by applying for an appeal or certiorari. The circumstance of his not having availed himself of these remedies, will not give this Court a jurisdiction, which it did not before possess. There ought to be some period to litigation ; and where could it be more properly terminated than the principle of law has already directed ? That where
On this principle alone the bill ought to be dismissed; but even if the defendant had made his defence at law the event must have been equally unfavorable to him, because he could not have been allowed to prove by parol that the contract was different from the purport of the note. It is not alleged in the bill, that the condition on which the price of the horse was to be remitted, was suppressed by fraud, or omitted through mistake. The simple charge is, that the parties both agreed not to insert the condition, in the note but trust it to the memory of witnesses.
Reference
- Status
- Published