 | Samuel Warren - 1845 - 1174 strani
...accounts of agents and others, and many similar cases which might be mentioned. Though Courts of Law hold, that money, paid under a mistake of law, cannot be recovered back ; t two recent and very important decisions of the Court of Exchequer and Common Pleas, have afforded... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1897 - 796 strani
...view, empowered the board of auditors to inquire into the matter, and adjust it. It is well settled that money paid under a mistake of law cannot be recovered back, and, unless an exception is made in favor of the State, the case comes within the rule on the merits.... | |
 | 1872 - 620 strani
...principles; and generally without manifesting a disposition to extend, or, even, very freely apply, the rule that money paid under a mistake of law cannot be reclaimed. Its application should be confined to cases falling strictly within it. The penalty imposed... | |
 | William Wait - 1878 - 1026 strani
...attorney was entitled to a docket fee against each of the defendants. State v. Gripe, 5 Blackf. 6. The rule, that money paid under a mistake of law cannot be recovered back, is not applicable as between attorney and client or attorney and the opposite party, where money is... | |
 | Frederick Pollock - 1886 - 562 strani
...Ashwtll) being presumed. The dissent of the donee may, however, divest the gift. It is well-settled law that money paid under a mistake of law cannot be recovered back. There is, however, an exception to this rule, and that is when the money has been paid to an officer... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1886 - 636 strani
...claimed that this was money paid under a mistake of law, and the general rule has been insisted upon that money paid under a mistake of law cannot be recovered back. According to the view we have taken there was no mistake of law, as the District had a right to do... | |
 | 1915 - 1406 strani
...denied the right to recover back the money paid on the contract, and based their opinion on the general rule that money paid under a mistake of law cannot be recovered back. But reading that case in connection with Sparks v. Jasper County, 213 Mo. 237, 112 SW 265, it will... | |
 | Institute of Bankers (Great Britain) - 1887 - 752 strani
...recovery of the payments made in reduction of overdraft, the bank invoked the well-known principle that money paid under a mistake of law cannot be recovered back, but the Court of Appeal held that this principle only applies where the person who made the payment... | |
 | George Tucker Bispham - 1887 - 760 strani
...; WiMartin p. NYS & CRR Co., 36 Ien's Appeal, Id. 121. It appears to be settled by the authorities that money paid under a mistake of law cannot be recovered back either in equity or at law.1 The court will not interfere where the parties cannot be restored to their... | |
 | William Albert Keener - 1888 - 1234 strani
...payment of dividends. Ought it then to be made out of these moneys? The trustee relies on the ordinary rule, that money paid under a mistake of law cannot be recovered in an action between litigant parties. That no doubt is so. But the present case stands in quite a... | |
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... rule that money paid under a mistake of law cannot be recovered back, namely, where the money is so paid to an officer of the court. 
