Lopez v. Lopez

Citations

• 27 N.M. 621
• 204 P. 75

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>(1) Where, in a suit in equity for discovery in aid of an action at law, the defendant’s answer is responsive to the hill (no interrogatories being filed with the bill), the plaintiff cannot, by filing a reply to the answer, treat the answer as a verified pleading, nor has he the right, on the trial of the consolidated law and equity cases, to cross-examine the defendants on their answers. P. 624</p> <p>(2) In such a case he is bound by the answer elicited in his bill of discovery, and can only overcome such sworn answers by the contradictory testimony of two witnesses, or by the testimony of one witness and corroborating circumstances or documentary evidence, and where the burden of proof thus put upon him is not sustained, the case is properly dismissed. P. 626</p>