Burrow v. Berry

In Ex parte Ashurst, 100 Ala. 573, 13 South. 542, wherein the right of a respondent to amend his answer to a bill in equity after submission of the cause was involved, the decision of this court is thus correctly stated in the fourth headnote:

“The right to set up any matter of defense includes the privilege to meet any state of the evidence authorizing relief, and averments of an unsworn answer cannot, even after publication of the evidence and the submission on agreement as to certain facts, be retained against respondent’s motion to strike them out, on the ground that complainant will so be…