Searcy v. Pannell
U.S. Circuit Court for the District of Tennessee
[Reuben] Searcy filed his bill, praying for relief against a judgment obtained at law against him by the defendant Pannell.
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[Reuben] Searcy filed his bill, praying for relief against a judgment obtained at law against him by the defendant Pannell. The bill stated that the complainant, with one Solomon Walker as his security, had executed their bond to a certain Francis Bassier, in his lifetime, for five thousand pounds of tobacco; that after the execution of said bond he paid to the said Bassier fifty-five pounds in part discharge thereof, and took Bassier’s receipt; that the complainant then moved to the state of Kentucky, and that afterwards a suit was brought by the defendant Burton, as administrator of…
1Opinion of the Court
McNAIRY. District Judge,
admitted the rule, as contended for by Pannell’s counsel, viz., that an answer responding to the bill, and *927■denying the allegation, must be taken as true, unless contradicted by two positive witnesses, •or one positive witness and strong corroborating circumstances. He added: The reason of the rule is that the complainant, by appealing to the conscience of his adversary, thereby admits his statement is entitled to some weight; otherwise it would be as well to receive the answer without affidavit. Therefore, when the answer is sworn to, and is only contradicted by one…
2Cited by8 opinions
- Cleveland, Painesville & Ashtabula Railroad v. City of ErieSupreme Court of Pennsylvania · 1856
- Autrey v. CannonTexas Supreme Court · 1853
- Boyarsky v. BoyarskyConnecticut Superior Court · 1943
- Blair v. BrabsonTennessee Supreme Court · 1816
- John Ryan v. United StatesCourt of Appeals for the Seventh Circuit · 2000
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