Massingill v. Carraway

Citations

• 21 Miss. 324

Syllabus

<p>In order to make the whole of the defendant’s answer to a bill of discovery evidence for the defendant when any part of it is introduced by the plaintiff, it is requisite that every part of the answer be responsive to the bill; those parts not responsive are not evidence for the defendant.</p> <p>Therefore, where, in an action on a note, the plaintiff required of the defendant a discovery as to whether the'latter had not forcibly and fraudulently taken the note from the plaintiff, and praying that the defendant, who was alleged in the declaration to have the note in possession, might file it with his answer; and the defendant answered, in effect admitting the taking of the note, and appending it to his answer, but at the same time setting up that the note was originally executed and delivered to the plaintiff, with the understanding that his title to it was not to be perfect until an additional signature was put to the note, and until the defendant should ascertain whether the consideration was a good one; it was .held that no part of the answer was admissible for the defendant but that which admitted the taking and set out the note.</p>