Boggess v. Davis

ON PETITION FOR A REHEARING.

Pettit, C. J.

The only question of any importance decided in this case is, that answers to interrogatories cannot tie used by the court on a motion to strike out an answer as a sham, which is good on its face. The answers can only be used on the trial. 2 G. & H. 189. sec. 303. Since deciding this case we have again had this question before us, and have reaffirmed the same doctrine, and are satisfied with it.

The petition is overruled.