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HARDEMAN V. HARRIS, 48 U. S. 726 (1849)

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U.S. Supreme Court

Hardeman v. Harris, 48 U.S. 7 How. 726 726 (1849)

Hardeman v. Harris

48 U.S. (7 How.) 726

Syllabus

If an exception be taken to an answer in chancery upon the ground that certain allegations in the bill are neither answered, admitted, nor denied, it becomes necessary to inquire whether the facts charged in the allegations are material, and might, if established, contribute to support the equity of the complainant.

If they will not, the omission to answer the allegations is not a good ground for exception to the answer, and the exception must be overruled.

Therefore, when a bill charged that certain notes were given for the purchase of slaves introduced into the State of Mississippi as merchandise and for sale after the first day of May, 1833, and the answer omitted to notice the allegation, such omission was not a good ground for an exception.

This Court has repeatedly decided that the fact stated is no defense to a suit at law. Still less can it be a defense in equity.

Where an allegation in the bill was that the complainants were only sureties, and that their principal was insolvent, the answer was not justly subject to exception for omitting to notice it. The fact in no way strengthened the equity of the complainants.

The facts in the case are sufficiently set forth in the opinion of the Court. chanrobles.com-red

Page 48 U. S. 727


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