Masonic Benefit Ass'n v. Simmons

Citations

• 86 Miss. 470

Syllabus

<p>1. Chancery Pleading and Practice. Code 1893, \\ 534. Answer. Corporation.</p> <p>The secretary and treasurer of a beneficial association, haying the custody of its records and vouchers, may make oath to its answer in chancery, under Code 1892, § 534, providing that the answer of a corporation need not he under its seal, hut may be sworn to hy its president, general manager or superintendent, or other general officer.</p> <p>3. Same. Setting out instrument. Denial must he under oath,. Code 1893, l 1797.</p> <p>The fact that an answer under oath was specially waived hy the hill does not affect the statute, Code 1892, § 1797, providing that in suits founded upon any written instrument set forth in the pleadings it shall he unnecessary to prove the execution thereof unless the same he specially denied hy plea under the oath of the party pleading it.</p> <p>3. Same. When statute inapplicable.</p> <p>But the statute (Code 1892, § 1797) has no application in a suit hy an administrator, setting up his letters, where the answer pleads payment to a previously appointed administrator, the issue being one of payment rather than of the representative capacity of complainant.</p>