17 Ala. 258 | Ala. | 1850
The plaintiff filed his bill against the-Bank of the State of Alabama and the sheriff of T alladega county, praying an injunction to restrain the collection of a judgment at law rendered in favor of the Bank against him. The answer of.
The only question presented is this: whether the answer of a corporation under its corporate seal, not verified by the oath of any of its officers, is sufficient to warrant the dissolution of an injunction, which has been granted on a bill verified by the oath of the complainants.
It has been said by courts of high authority, that the only effect of an answer of a corporation under its seal, which is not verified by the oath of any of its officers, is to put the allegations of the bill in issue. — Union Bank of Georgetown v. Geay, 5 Peters, 99; Lovett v. The Steam Saw Mill Association, 6 Paige, 54. But we do not think it necessary to inquire what degree of credence, if any, should be given to such an answer, as matter of evidence upon the final hearing of the cause, for the question in this case is one of practice and not conclusive of the rights of either party. The practice of courts of equity should be governed by rules productive of general convenience, and calculated to prevent injury to either party as far as practicable, and exceptions to those general rules should not be allowed unless for some good reason. Now the general rule is that the answer of the defendant, to authorise the dissolution of an injunction, must not only deny the equity of the bill, but it must be verified by oath. Why should the answer of a corporation be exempted from this general rule ? If the allegations of the answer and the denials of the charges contained in the bill are true, they can be sworn to by any officer of the corporation cognizant of the facts, and no inconvenience whatever can result from requiring that the answer shall be verified by affidavit, in order to entitle the corporation to a dissolution of the injunction. But on the other hand, to dissolve an injunction on the answer of a corporation not verified by oath may lead to injury, for no one is responsible whether the answer be true or false. It may be false; it may contain denials and statements that none of the officers would swear to; and if we should dissolve an injunction on such an answer, the complainant may be injured by process at law pend
The decree of the chancellor dissolving the injunction is erroneous. It must therefore be reversed, and the cause remanded.
I did not sit in this cause, having been of counsel before my election to the bench. Since, however, this opinion has been delivered, I feel free to add my concurrence in the views'of my brethren, as to the effect of an answer of a corporation not sworn to upon motions to dissolve injunctions.