Jones v. Carper

The Chancellor :

— Motion to take the answer from the files because not signed by the defendant.

Although the bill, as in this case, waive an answer under oath, the answer should regularly be signed by the defendant, and, if not signed, a motion will lie to take it off the file for the irregularity. Denison v. Bassford, 7 Paige, 370; Kimball v. Ward, Walk. Ch. 439; Cook v. Dews, 2 Tenn. Ch. 496. But the irregularity by reason of the want of signature may be waived by the complainant, and the filing of a replication is evidence of a waiver. Fulton Bank v. Beach, 2 Paige, 307. By statute in this…