Mey v. Gulliman

Citations

• 105 Ill. 272
• 1882 Ill. LEXIS 251

Syllabus

<p>1. Res judicata—what so regarded. Where a bill in chancery calls for answers under oath, which are filed, denying the material allegations of the bill and the equities of complainant, and no replication is filed, but the bill is dismissed, on complainant’s motion, without any words in the order showing it is without prejudice, it is a matter of grave doubt whether such an order does not render the matters alleged and denied res judicata as between the parties.</p> <p>2. Chanceby—evidence to overcome sworn answer. Where a sworn answer is required, and filed, denying the material allegations of the bill, it is evidence for the defendant of such force that the complainant can have no decree against him until the same is disproved by evidence equal to that 'of one witness, and in addition thereto a preponderance of proofs sufficient to have sustained the bill if the oath to the answer had been waived.</p> <p>3. Same—sworn answer as evidence in second suit. If a complainant, after the coming in of sworn answers, dismisses his bill, and then files another setting up substantially the same grounds for relief as in the former one, but waiving answer under oath, such sworn answers filed in the prior suit will remain evidence, and the complainant can have no decree under his second bill until such sworn answers are overcome by a preponderance of other proofs.</p> <p>4. Witness—credibility. The testimony of a party to a bill in chancery directly contradictory of his sworn answer to a former and similar bill seeking the same identical relief, is unworthy of belief.</p> <p>5. Fraudulent conveyance—fraud not presumed. Fraud as against creditors is never to be presumed when the transaction may be fairly reconciled with honesty.</p>