References: [1849] EngR 1197, (1849) 12 Beav 279, (1849) 50 ER 1068
Links: Commonlii
Exceptions for insufficiency will be overruled, if they vary, in a material particular, from the form of the interrogatory, as where the interrogatory is in the present tense and the exception is in the past.
An interrogatory asked whether certain sums had not come to the Defendant’s hands, and whether he had not applied ‘the same.’ The Defendant denied that any sums had come to his hands, but did not answer the remainder. Held, that the answer was sufficient.
An interrogatory asked whether the Defendant had not had communication with A. B and C. D. and other persons. The answer admitted communications with A B but denied any with any other persons, omitting the name of C. D. Held, that being specially interrogated as to C. D., the general answer was insufficient.
