Badger v. Badger
U.S. Circuit Court for the District of Massachusetts
[In equity. Bill by James W. Badger and others against Daniel B. Badger and others to recover the interest of complainants in certain real property. The case was heard ont plea and replication, and the replication adjudged sufficient, in Badger v. Badger, Case No. 717. The case is now heard on bill and! answer. Bill dismissed. On appeal, the supreme court affirmed this decree in 2 Wall.
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[In equity. Bill by James W. Badger and others against Daniel B. Badger and others to recover the interest of complainants in certain real property. The case was heard ont plea and replication, and the replication adjudged sufficient, in Badger v. Badger, Case No. 717. The case is now heard on bill and! answer. Bill dismissed. On appeal, the supreme court affirmed this decree in 2 Wall. (69 U. S.) 87. See note at end of case.] This was a bill in equity, wherein the complainant prayed, for an account of the rents and profits of certain real estate, that certain deeds of conveyance might be…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Where the answer is responsive to the bill of complaint, and positively denies the matter charged, and the denial has respect to a transaction within the knowledge of the respondent, the answer is evidence in his favor, and unless it Is overcome by the satisfactory testimony of two opposing witnesses, or of one witness corroborated by other facts and circumstances, which give to it greater weight than the answer, or which are equivalent in weight to a second witness, it is conclusive, so that the court will neither make a decree nor send the case to trial, but will…
2Cases cited3 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Hayward v. National BankSupreme Court of the United States · 1878
- Etting v. Marx'sU.S. Circuit Court for the District of Eastern Virginia · 1880
3Cited by4 opinions
- Russell v. ToddSupreme Court of the United States · 1940
- Pulliam v. PulliamUnited States Circuit Court · 1881
- Fosdick v. Lowell Machine ShopU.S. Circuit Court for the District of Massachusetts · 1893
- Martin v. MartinCourt of Chancery of Delaware · 1900