Leycraft v. Dempsey
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The appellant, as the executrix of Catharine Dempsey, filed a bill for an account of rents and profits of certain estates, from ls.t May, 1813, to 16th May, 1831, which the respondent had collected.
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Appeal from chancery. The appellant, as the executrix of Catharine Dempsey, filed a bill for an account of rents and profits of certain estates, from ls.t May, 1813, to 16th May, 1831, which the respondent had collected. The respondent answered, acknowledging the agency, but denied that there was more than one quarter’s rent due to Catharine Dempsey at the time of her decease, and that as to such quarter’s rent she had a valid set off; and as to all that part of the bill which sought an account of the rents previous to 1st February, 1831, the respondent put in a plea, that on the 9th…
1Opinion of the Court
The following opinion was delivered ;
By Chief Justice Savage.
The only question in this case is, whether the second answer of the defendant is sufficient ? The general rule is stated by chancellor Kent, 1 Johns. Ch. R. 107, that to so muehmf the bill as is material for the defendant to answer, he must speak directly, and without evasion ; he must confess or traverse the' substance of each charge; and particular charges- must be precisely answered, and not in a general manner. .Thus,’on a bill requiring a general account, and calling upon the. defendant to'answer whether he had received a…
2Cases cited1 opinion
- Williamson v. HyerCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by6 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
- Martin v. BeckwithWisconsin Supreme Court · 1856
- Greene v. HarrisSupreme Court of Rhode Island · 1877
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