Burch v. Burch

BROWN, Justice.

This appeal is from an interlocutory decree overruling the defendant’s demurrer and motion to dissolve the temporary injunction. The motion to dissolve is grounded on the want of equity in the bill, and also upon the fact that at the time the injunction was granted, the averments of the bill were not verified by the oath.

A motion to dissolve confesses the averments of the bill, whether well or ill pleaded, and in the absence of a verified answer denying all of the bill’s material averments can be grounded only on a want of equity in the bill. Town of Clio v. Lee, 199 Ala. 145,…