American Railroad Co. v. Ponce & Guayama Railroad

Hamilton, Judge,

delivered the following opinion:

■ 1. Answer under oath not being waived, a sworn answer is filed in the case, denying the principal allegations of the bill, particularly as to the alleged reformation of the contract on September 16, 1920. The equity rules and consistent practice declare that if an answer to a bill is sworn to, it has the effect of evidence in favor of the defendant, unless overcome by satisfactory testimony of two witnesses or one witness corroborated *480by circumstances which give it greater weight than the answer. Bates, Fed. Eq. Proc. § 322; Clark v. Van…