GREEN v. BOGUE

No. 327.

158 U.S. 478 (1895)

GREEN v. BOGUE.

Supreme Court of United States.

Decided May 27, 1895.


Attorney(s) appearing for the Case

Mr. L.H. Bisbee for appellants.

Mr. George W. Smith for appellees. Mr. David B. Lyman and Mr. Theodore S. Garnett were with him on his brief.


MR. JUSTICE SHIRAS, after stating the case, delivered the opinion of the court.

How far the chancery rule, that if a plaintiff replies to a plea in bar, joining issue upon the facts averred in it, thus putting the defendant to the trouble and expense of proving his plea, he thereby admits the sufficiency of the plea, and that if such facts are found to be true, the bill must be dismissed without reference to the equity arising from any other facts stated in the bill...

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