Newlove v. Callaghan

Defendants move for a rehearing upon the ground that,- defendants' answer being under oath, there was a conclusive showing that the property in question was purchased chiefly with the money of defendant Elizabeth Callaghan.

A sworn answer is not conclusive. It is to be treated as evidence, and is subject to the same rules, as to weight, as any other evidence. In Roberts v. Miles, 12 Mich. 297, 303, this Court, referring'to a sworn answer, say:

“The answer was not excepted to, but, in considering its value as a piece of testimony, it is to be observed that the object of a discovery is to be…