Stewart v. Masterson

Citations

• 131 U.S. 151
• 9 S. Ct. 682
• 33 L. Ed. 114
• 1889 U.S. LEXIS 1809

Syllabus

<p>A demurrer to a bill in equity cannot introduce as its support new facts which do not appear on the face of the bill, and which must be set up by plea or answer.</p> <p>Where there is matter in the bill which is properly pleaded, and is properly ground for equitable relief, and requires an answer or a plea, a demurrer to the whole bill will be overruled.</p> <p>Where a bill is taken as confessed by one of two defendants before a decree is made dismissing the bill, on demurrer, as to the other defendant, the latter can appeal from the decree, although it does not dispose of the case as to his codefendant.</p>