Deimel v. Brown

Citations

• 136 Ill. 586
• 27 N.E. 44

Syllabus

<p>1. Chancery—creditor’s hill—to what creditors to apply. Where a creditor’s bill does not seek to set aside a sale of goods by the debtor as fraudulent,\ but \to enforce payment' of the price thereof on the ground it has never in fact been paid, it is immaterial that the bill does not show that the complainant was a creditor at the time of such sale.</p> <p>2. Same—jurisdiction as to creditor’s hill—residence of debtor—presumption. A creditor’s bill alleged, and it was proved, that the judgments on which the bill was based were recovered in the county where the bill was filed, and that executions were issued thereon to the sheriff of that county. On appeal, it was objected that there was no allegation- and proof that the debtor resided in the county where the executions were issued and returned: Held, that the residence of the debtor in that county would be presumed from the fact of service on him there, and proof of his residence a few years later, and also that the objection came too late for the first time in this court.</p> <p>3. Same—admission in answer—no proof necessary. The rule in chancery is, that where a fact is alleged in a bill and admitted by the answer, such admission is conclusive of the existence of the fact, and other evidence to establish such fact is unnecessary.</p> <p>4. Same—sworn answer in chancery—as evidence. The general rule is, that when an answer to a bill in chancery is required to be made under oath, and an answer is filed which is responsive to the allegations of the bill, then all material averments of the bill that are denied by such answer must be proved by the testimony of two witnesses, or by evidence which is equal to the testimony of two witnesses.</p> <p>5. This rule, however, has no application to averments denied merely on information and belief, or when the defendant himself refutes the sworn statement in his answer. It is only when a defendant states facts within his own personal knowledge, that his answer has to be over