Town of Lake Hamilton v. Hughes

The appellees-plaintiffs brought suit to enjoin the enforcement of past, current and future municipal taxes by Lake Hamilton. Upon final hearing on Bill, answer and stipulation the Chancellor entered a final decree enjoining the enforcement of such taxes.

Lake Hamilton appeals and assigns as error that the court erred in striking parts of the answer of the appellants-defendants.

In equity matter relevant and material to the equities may be stated in an answer and it is error to strike such matter even though it would affect the equities only to the extent of the assessment of costs. The test is…