Stewart v. Masterson,
Annotate this Case
131 U.S. 151 (1889)
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U.S. Supreme Court
Stewart v. Masterson, 131 U.S. 151 (1889)
Stewart v. Masterson
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
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
ground for equitable relief, and requires an answer or a plea, a demurrer to the whole bill will be overruled.