Garland v. Hull
Garland v. Hull
Opinion of the Court
delivered the opinion of the court.
This was a bill filed in the superior court of chancery to recover the amount of several open accounts. Answers were filed, which were also framed to operate as demurrers.
The very exhibits, too, filed with the bill, defeat the recovery. The accounts are all made out against Burr Garland. Nearly all of them arose before the sale of the estate to Samuel Garland. They constituted no charge upon the estate. There is no allegation of any direct undertaking, upon the part of Samuel Garland, to pay them. He could not be rendered liable for them, unless by direct agreement in writing.
Exceptions were filed to the answer of Samuel Garland, and sustained to some extent. He was directed to answer over, but failed to do so, and a pro confesso order was thereupon taken against him. This order could not justify a decree against him, unless a state of case is made out by the bill, which rendered him liable in this mode of proceeding. We have endeavored to show that this was not done, and that the demurrer was a full answer to the whole bill. To hold that the court of chancery might render a decree in this case, would be to enlarge its jurisdiction beyond any known limit.
Decree reversed, and bill dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.