Stallworth v. Lassiter

Supreme Court of Alabama

Stallworth v. Lassiter

59 Ala. 558

CourtSupreme Court of Alabama

DecidedDecember 15, 1877

StatusPublished

Cited by1 cases

This text of 59 Ala. 558 (Stallworth v. Lassiter) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stallworth v. Lassiter, 59 Ala. 558 (Ala. 1877).

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Opinion

STONE, J.—

We find it difficult, if not impossible, to determine, either from the answer,' or the affidavit attached to it, what is intended to be stated on knowledge of the defendant, and Avhat ou information and belief. He is but an administrator, and the charges in the bill are not presumed to be within his personal knowledge. Such denials do not overturn positive averments, and the result is the decree of the chancellor must be affirmed.—Rembert v. Brown, 17 Ala. 667; Sheppey v. Davis, at the present term.

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STONE, J.—

We find it difficult, if not impossible, to determine, either from the answer,' or the affidavit attached to it, what is intended to be stated on knowledge of the defendant, and Avhat ou information and belief. He is but an administrator, and the charges in the bill are not presumed to be within his personal knowledge. Such denials do not overturn positive averments, and the result is the decree of the chancellor must be affirmed.—Rembert v. Brown, 17 Ala. 667; Sheppey v. Davis, at the present term.

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Bluebook (online)

59 Ala. 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stallworth-v-lassiter-ala-1877.

Opinion

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