Hentz v. Delta Bank

Citations

• 76 Miss. 429

Syllabus

<p>1. Chancery Practice. Fraud. Answer. Demwrrer.</p> <p>When a bill in equity charges fraud, which, if true, entitles the complainant to relief, it is not liable to a g-eneral demurrer, but must be answered and the fraud denied. With an answer a defendant may demur to distinct parts of the bill not answered, and if such a demurrer be sustained, the parts of the bill demurred to will be dismissed and the trial confined accordingly.</p> <p>2. Same. Waiver of oath. Code 1892, g 534. Injunction. Motion to dissolve.</p> <p>Under code 1893, g 534, providing that if a complainant waives oath to a defendant’s answer, the same shall not be evidence for respondent, whether sworn to or not. the answer is not evidence for respondent on motion to dissolve an injunction. Whether it could be treated as a mere affidavit. Quaere.</p>