McClain v. McGee

Court of Appeals of Kentucky

McClain v. McGee

39 Ky. 368, 9 Dana 368, 1840 Ky. LEXIS 35

DecidedMay 14, 1840

StatusPublished

This text of 39 Ky. 368 (McClain v. McGee) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McClain v. McGee, 39 Ky. 368, 9 Dana 368, 1840 Ky. LEXIS 35 (Ky. Ct. App. 1840).

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Opinion

The Chief Justice

delivered the Opinion of the Court.

Though the answer was not made a cross bill, yet, as it sought no relief, but only propounded interrogatories to the complainant, respecting the material and sufficient facts urged ¿y the respondent, in bar of the relief sought in the bill, the failure to answer those interrogatories should be deemed an admission of the facts alleged by the respondent, and concerning which, the complainant was thus interrogated.

Wherefore, the decree dismissing the bill and dissolving the injunction, is affirmed.

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The Chief Justice

delivered the Opinion of the Court.

Though the answer was not made a cross bill, yet, as it sought no relief, but only propounded interrogatories to the complainant, respecting the material and sufficient facts urged ¿y the respondent, in bar of the relief sought in the bill, the failure to answer those interrogatories should be deemed an admission of the facts alleged by the respondent, and concerning which, the complainant was thus interrogated.

Wherefore, the decree dismissing the bill and dissolving the injunction, is affirmed.

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Bluebook (online)

39 Ky. 368, 9 Dana 368, 1840 Ky. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-mcgee-kyctapp-1840.