Shera v. Merchants' Life Ins.
District Court, S.D. Iowa
In Equity. Suit by Frank D. Shera against the Merchants’ Fife Insurance Company and others. Hearing on bill and answer.
1Opinion of the Court
WADE, District Judge.
This case is before the court upon bill and answer. Application for such submission was made by plaintiff, and concurred in by defendants. The effect of such submission is now in controversy.
[ 1 ] Under previous equity rules, upon submission upon bill and answer, the answer became evidence—“the only evidence the defendant needs, for it must be taken as true in all respects.” Harris Reynolds v. First National Bank, 112 U. S. 405, 5 Sup. Ct. 213, 28 L. Ed. 733. The present equity rules do not seem to contemplate the submission of a case upon bill and answer; they seem…
2Cases cited2 opinions
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- Dill v. Supreme LodgeDistrict Court, E.D. Missouri · 1915
3Cited by6 opinions
- Bourne v. State Bank of Orlando & Trust Co.Supreme Court of Florida · 1932
- Leininger v. North American National Life InsuranceNebraska Supreme Court · 1927
- National Ass's of Certified Public Accountants v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- United States v. Anderson Cottonwood Irr. Dist.District Court, N.D. California · 1937
- King v. Kansas City Police Relief Ass'nDistrict Court, W.D. Missouri · 1932
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