White v. Hampton
Supreme Court of Iowa
Appeal from Johnson District Court. Bill in equity for an account. The complainant’s bill was filed in September, 1856. In December following, the respondent filed a demurrer; and on the 2d of June, 1857, he filed his answer to the bill, subject to the demurrer. On the 14th of October, 1858, the demurrer to the bill was overruled, and the respondent had leave to amend his answer; which amendment he was ruled to file in thirty days from the adjournment of the term.
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Appeal from Johnson District Court. Bill in equity for an account. The complainant’s bill was filed in September, 1856. In December following, the respondent filed a demurrer; and on the 2d of June, 1857, he filed his answer to the bill, subject to the demurrer. On the 14th of October, 1858, the demurrer to the bill was overruled, and the respondent had leave to amend his answer; which amendment he was ruled to file in thirty days from the adjournment of the term. This amended answer was filed on the 20th of November, 1858, and was under oath. The complainant moved to strike out the jurat to…
1Opinion of the CourtStocktoN, J.
The leave to file an amended answer, in-*184eluded the right to withdraw the first. In this instance, the respondent did not ask leave to withdraw the original answer; but in so much as the amended answer covered the same ground, it is to be deemed a substitute for it, even though embracing additional matter.
The case involves the right of the respondent to put in a Sworn answer, although a sworn answer may be waived by the complainant. As was held in the case of Armstrong v. Scott, 3 G. Greene 433, we are of opinion that it is the right of a respondent, in every chancery proceeding, to put in his…
2Cases cited2 opinions
- Brink v. MortonSupreme Court of Iowa · 1856
- De France v. HowardSupreme Court of Iowa · 1857
3Cited by1 opinion
- White v. HamptonSupreme Court of Iowa · 1859