Supreme Court of Alabama, 1877

Stallworth v. Lassiter

Stallworth v. Lassiter
Supreme Court of Alabama · Decided December 15, 1877 · Stone
59 Ala. 558

Stallworth v. Lassiter

Opinion of the Court

STONE, J.—

We find it difficult, if not impossible, to determine, either from the answer,' or the affidavit attached to it, what is intended to be stated on knowledge of the defendant, and Avhat ou information and belief. He is but an administrator, and the charges in the bill are not presumed to be within his personal knowledge. Such denials do not overturn positive averments, and the result is the decree of the chancellor must be affirmed.—Rembert v. Brown, 17 Ala. 667; Sheppey v. Davis, at the present term.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.