Dows v. McMichael
New York Court of Chancery
The complainants filed their bill in this cause as judgment creditors of the defendant to obtain satisfaction out of his property which could not be reached by execution at law. The defendant pleaded an affirmative plea in bar of the discovery and relief prayed for in the bill; upon which the complainant took issue. Orders to produce witnesses and to close the proofs were regularly entered, but the defendant produced no evidence to establish the truth of his plea.
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The complainants filed their bill in this cause as judgment creditors of the defendant to obtain satisfaction out of his property which could not be reached by execution at law. The defendant pleaded an affirmative plea in bar of the discovery and relief prayed for in the bill; upon which the complainant took issue. Orders to produce witnesses and to close the proofs were regularly entered, but the defendant produced no evidence to establish the truth of his plea. On the hearing of the cause the defendant made default. The complainants claimed the benefit of a discovery of the property and…
1Opinion of the Court
The Chancellor.
Where a plea in bar to the whole bill is put in, if the complainant takes issue thereon he admits the sufficiency of the plea, and leaves nothing in question but the truth thereof. If at the hearing the plea is found to be true the bill must be dismissed. But if the plea is untrue the complainant will be entitled to a decree against the defendant in the same manner as if the several matters charged in the bill had been confessed or admitted. If a discovery is necessary, to enable the complainant to obtain the relief sought for by his bill, the defendant cannot evade answering *346by…
2Cited by8 opinions
- Runals v. HardingIllinois Supreme Court · 1876
- Hurlbut v. BritainMichigan Supreme Court · 1846
- Adriaans v. LyonDistrict of Columbia Court of Appeals · 1896
- Bassett v. Salisbury Manufacturing Co.Supreme Court of New Hampshire · 1861
- French v. A. H. Rainey & Co.Court of Appeals of Tennessee · 1876
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