Thompson v. Clark

Citations

• 81 Va. 422
• 1886 Va. LEXIS 109

Syllabus

<p>1. Chancery Practice—Bills—Exhibits— Exhibits filed with and prayed to be read as part of bill are as much part thereof as if actually incorporated therein. Johnson v. Anderson, 76 Va. 766.</p> <p>2. Idem—Bills of discovery—Answers.—Where, upon pure bill of discovery, court retains and decides the eause, plaintiff cannot contradict the answers by other evidence, because plaintiff would thereby prove himself out of court.</p> <p>3. Idem—Bills of discovery and relief—Answers.—Answer to bill for discovery and relief is to be treated as evidence, including its affirmative statement of fact, which are pertinent to the discovery sought, and is conclusive, unless overcome by the testimony of two witnesses, or of one witness with corroborating circumstances, or by corroborating circumstances alone, or by documentary evidence alone. Bell v. Moon, 79 Va. 341; Corbin v. Mills, 19 Gratt. 466.</p> <p>4. Idem—Idem—Written evidence—Parol.—The general rule that written evidence of indebtedness cannot be contradicted or altered by evidence of verbal arrangements, here finds an exception. Here the bill calls on defendant for a discovery as to the transactions between the parties, and the answer must be treated not only as evidence, but as evidence introduced by the plaintiff.</p> <p>5. Case at bar.—The evidence fully evinces that the bond, concerning which the suit was instituted by the administrator, was not the property of his intestate.</p>