Green v. Brooks
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. II011. Jambs M. Hanks, Circuit Judge. Under our practice, the general reservation as to sufficiency,, in an answer in chancery, has the effect of a demurrer. Lorette v. Longmire, 14 Ark., 339. The bill should have been dismissed, because the claim was not sworn to, under the statute, prior to the commencement of the suit.
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Appeal from Phillips Circuit Court. II011. Jambs M. Hanks, Circuit Judge. Under our practice, the general reservation as to sufficiency,, in an answer in chancery, has the effect of a demurrer. Lorette v. Longmire, 14 Ark., 339. The bill should have been dismissed, because the claim was not sworn to, under the statute, prior to the commencement of the suit. Gould’s Dig., chap. 4, sec. 107; Byan v. Lemon, 7 Ark., 78; Beirne v. Imboden, 14 id., 237 ; Walker v. Byers, id., 247 ; Biscoe v. Sandefur, id., 594. The claim here sued on was not excepted out of the general rule. Walker v. Byers, 14…
1Opinion of the Court
"WILSHIRJ8, C. J.
This case may be briefly stated as follows : The complainant, Mary R. Brooks, late Mary R. Jackson, formerly Mary R. Scales, was one of the heirs and legatees of one Joseph H. Scales, late of Tennessee, deceased; that she, .and her then husband, Robert H. Jackson, together with the other legatee's of Joseph II. Scales, at the April term, 1867, of the .chancery court of the State of Tennessee, for the district composed of the county of Williamson, filed their bill to have the will and codicils thereto, of their said ancestors, construed, and the rights of the several legatees…
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