Stewart v. Masterson
131 U.S. 151 (1889)

Annotate this Case

U.S. Supreme Court

Stewart v. Masterson, 131 U.S. 151 (1889)

Stewart v. Masterson

No. 287

Argued April 25, 1889

Decided May 13, 1889

131 U.S. 151

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF TEXAS

Syllabus

A demurrer to a bill in equity cannot introduce as its support new facts which do not appear on the face of the bill, and which must be set up by plea or answer.

Where there is matter in the bill which is properly pleaded, and is properly

Page 131 U. S. 152

ground for equitable relief, and requires an answer or a plea, a demurrer to the whole bill will be overruled.

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