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39 Ky. 368

McClain v. McGee

Court of Appeals of Kentucky

Decided May 14, 1840

Court of Appeals of Kentucky · decided 1840-05-14

<p>Chancery.</p> <p>From the Circuit Court for Trigg County.</p>

Decided 1840-05-14

The Chief Justice

¶1delivered the Opinion of the Court.

¶2Though the answer was not made a cross bill, yet, as it sought no relief, but only propounded interrogatories to the complainant, respecting the material and sufficient facts urged ¿y the respondent, in bar of the relief sought in the bill, the failure to answer those interrogatories should be deemed an admission of the facts alleged by the respondent, and concerning which, the complainant was thus interrogated.

¶3Wherefore, the decree dismissing the bill and dissolving the injunction, is affirmed.

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