Saginaw County MI Archives Court.....Clark, V. Saginaw City Bank 1837
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File contributed for use in USGenWeb Archives by:
Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 August 9, 2008, 7:32 am

Source: Cases In Chancery
Written: 1837

CASES IN CHANCERY.
FIRST CIRCUIT.

Clark & Tillinghast v. The Saginaw City Bank and Norman Little.

Plea and answer. A defendant may plead to one part of the bill, and answer to 
another part; but these defenses must clearly refer to separate and distinct 
parts of the bill.

When the answer and plea are to the same parts of the bill, the answer 
overrules the plea.

The bill in this case is filed for the collection of certain bills and drafts 
of the Saginaw City Bank, for a discovery, and the removal of Norman Little, 
the receiver heretofore appointed, and prays for the appointment of a new 
receiver, etc.

The defendants plead to all the discovery prayed in the bill, and to all the 
relief prayed, except as to the dividend to be received from the receiver, and 
answer to nearly all the matters charged in the bill.

The case was set down for argument on the plea, under the provision of rule 32.

E. C. Seaman, for complainants.

The answer overrules the plea. (Mit. Pl., 319, 320; Story's Eq. Pl., 505, 506.)

S. G. Watson, for defendants.

The Chancellor.—The defendants may plead to one part of the bill, and answer 
to another part; but these defenses must clearly refer to separate and 
distinct parts of the bill. If the defendants have answered to any part of the 
bill to which they have pleaded, the answer overrules the plea. (Mit. Pl., 
319, 320.)

The plea in this case extends to all the discovery, and nearly all the relief 
prayed. In fact, the plea and answer appear to apply to the same parts of, and 
each to nearly the whole bill; the answer consequently overrules the plea.

Plea overruled.

Additional Comments:
CASES DETERMINED IN THE COURT OF CHANCERY FOR THE STATE OF MICHIGAN
BY ELON FARNSWORTH, Chancellor 

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