Carpenter v. Edwards

Mississippi Supreme Court
Carpenter v. Edwards, 64 Miss. 595 (Miss. 1887)
Campbell

Carpenter v. Edwards

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

A denial upon information is a denial “ otherwise than by the general traverse,” and is sufficient to prevent facts averred in the bill from being taken at the hearing as admitted. It is true, as held in Toulme v. Clark, ante, p. 471, that an answer upon in*597formation does not put the complainant to the proof of his bill by more than one witness, but the sufficiency of an answer to require some evidence to maintain the bill is a different question. The answer in this case is sufficient to require proof to maintain the bill, and, as none was furnished, the decree was properly for the defendants.

Affirmed.

Reference

Full Case Name
Dora Carpenter v. M. B. Edwards
Cited By
3 cases
Status
Published
Syllabus
1. Chancery Practice. Answer on information. Effect of. A denial in an answer upon information is a denial “ otherwise than by the general traverse,” and is sufficient to prevent facts averred in the bill from being taken at the hearing as admitted. 2. Same. Answer upon information. Failure of complainant to take proof. And if in such case no proof be taken to maintain the bill, it must be dismissed.