Toulme v. Clark

Mississippi Supreme Court
Toulme v. Clark, 64 Miss. 471 (Miss. 1886)
Campbell

Toulme v. Clark

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The rule of courts of chancery, which requires more than the testimony of one witness to overthrow an answer denying allegations of the bill, applies only when the denial is positive, and does not apply where the denial is as to belief or is as matter of inference or argument. 1 Daniell’s Ch. PL and Pr. 844.

It is true that when the answer positively denies, the. court will not inquire into the grounds of the denial, as held in McGee v. White, 31 Miss. 42, but the rule as stated above remains.

Affirmed.

Reference

Full Case Name
John V. Toulme v. James Clark
Cited By
5 cases
Status
Published
Syllabus
Chancery Practice. Denials of answer. Evidence to overthrow. The rule in chancery which requires more than the testimony of one witness to overthrow an answer denying allegations of the bill applies only when the denial is positive, and does not apply when the denial is as to belief, or is as matter of inference or argument.