Southern Ry. Co. v. Curry

BROWN, Justice.

The submission was on bill and answer, oath to the answer being waived by footnote to the bill. The answer, therefore, is not evidence, but mere pleading, and to entitle the complainant to relief the averments of the bill must be sufficient to give it equity, and such averments must be admitted by the answer. Code 1923, § 6548; Marks v. Cowles et al., 61 Ala. 299, 309; Winter v. City of Montgomery, 83 Ala. 589, 3 So. 235; Reese v. Barker, 85 Ala. 474, 5 So. 305.

The answer admits all the averments of the bill, except paragraph 5, which is a mere conclusion of the pleader.

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