Miller v. McDougall

Citations

• 44 Miss. 682

Syllabus

<p>1. Chancee.! — Sueeicienct oe answer_-The answer of a defendant to a bill of complaint, however informal and brief, if it distinctly avers all the essential facts constituting the foundation of the proceeding, will be sufficient, such essential facts being thus put in issue.</p> <p>2. Injunction — Practice.—Although the statute . provides that no injunction to slay proceedings at law shall be issued until complainant shall enter into bond with two or more sufficient sureties, to be approved, etc., yet it will be erroneous to dismiss an injunction issued upon a bound for want of a second surety, until the party shall have an opportunity under an order of the court, to amend his bond.</p> <p>3. Dissolution oe injunction. — The dissolution of an injunction upon bill and answer, rests very much in the discretion of the ehancollor; Adams’ Eq., 196 & 356 ; but this is a judicial discretion which is subject to review upon appeal. Rev. Code 556, art. 109. ’</p> <p>á. Defective answer — Defective affidavit_Although the answer positively denies all the material allegations of the bill, yet, it is fatally defective if it does not distinguish such part as is stated upon personal knowledge from such as is stated on knowledge derived from others. And so is the affidavit mado to the answer by the solicitor of the defendant, which was not purported to bo made upon personal knowledge, or upon knowledge derived from others.</p> <p>5. Insufficient answer — Chancery practice. — It is well settled that an injunction will not he dissolved on bill and answer, unless the equity of the bill be denied by-positive answer. If defendant answers that he has no personal knowledge of the complainant’s equity, but denies the facts reliod on in the bill, upon information obtained from others, such answer will not justify the dissolution of an injunction. 41 Miss., 717; 4 Gill, 1; 1 Halstead Ch., 196.</p> <p>6. Answer by administrator. — A mere denial in an answer by an administrator of his person