Turner v. Knell
Turner v. Knell
Opinion of the Court
delivered the opinion of this Court.
We concur with the learned Judge of the Circuit Court for Baltimore City, from whose decree this appeal has been taken, in his conclusions as to the law and the facts in this case. The answer of a defendant to a bill of discovery, if responsive, is evidence for the defendant, unless overcome by the testimony of two witnesses, or one witness with corroborating circumstances. The answers in this case are responsive, and there is no sufficient countervailing proof. The evidence has been well scanned and analyzed by the Court below in its opinion, and we do not dissent from the views therein taken of it.
The appellant relied much upon the ground that the circumstances stated by the appellee in his third amended answer as to the mode or manner in which the complain
The defendant below should have answered fully and particularly at first. The circumstance that his answers were twice ruled insufficient, with some other facts in the case of a mysterious nature, are calculated to throw doubt upon the justice of his cause; but having been made a witness by the bill of discovery, and the matter of his answers being, as has been stated, fully responsive to the bill, without being met by sufficient countervailing proof, the complainant must abide by the answer.
The decree below will, therefore, be affirmed, with costs to the appellee.
Decree affirmed toith costs.
Reference
- Full Case Name
- Lewis Turner v. Henry Knell
- Status
- Published