White v. Price

Citations

• 119 Miss. 302
• 80 So. 768

Syllabus

<p>Equity. Pleading. Answer and demurrer to hill.</p> <p>Where the gravaman of a bill was an alleged combination and conspiracy of a trustee and defendants to defraud complainants, and defendants demurred and filed an affidavit denying the alleged combination and conspiracy to defraud — in such case, regardless of the intention of the pleader to address the answer to those averments- of the bill charged or attempting to charge fraud, the answer in fact is to the whole bill, denying as it does every material averment. This being so, the answer overruled the demurrer.</p>