Toulme v. Clark

Mississippi Supreme Court

Toulme v. Clark

64 Miss. 471

CourtMississippi Supreme Court

DecidedOctober 15, 1886

StatusPublished

Cited by5 cases

This text of 64 Miss. 471 (Toulme v. Clark) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Toulme v. Clark, 64 Miss. 471 (Mich. 1886).

Pincite

Opinion

Campbell, J.,

delivered the opinion of the court.

The rule of courts of chancery, which requires more than the testimony of one witness to overthrow an answer denying allegations of the bill, applies only when the denial is positive, and does not apply where the denial is as to belief or is as matter of inference or argument. 1 Daniell’s Ch. PL and Pr. 844.

It is true that when the answer positively denies, the. court will not inquire into the grounds of the denial, as held in McGee v. White, 31 Miss. 42, but the rule as stated above remains.

Affirmed.

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Campbell, J.,

delivered the opinion of the court.

The rule of courts of chancery, which requires more than the testimony of one witness to overthrow an answer denying allegations of the bill, applies only when the denial is positive, and does not apply where the denial is as to belief or is as matter of inference or argument. 1 Daniell’s Ch. PL and Pr. 844.

It is true that when the answer positively denies, the. court will not inquire into the grounds of the denial, as held in McGee v. White, 31 Miss. 42, but the rule as stated above remains.

Affirmed.

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Bluebook (online)

64 Miss. 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toulme-v-clark-miss-1886.

Opinion

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