Samuel Freeman Miller

“ An issue of a general denial of the truth of the bill would leave nothing on which evidence could be introduced. It is, in fact, what is familiarly known as a 'fishing bill.' The plaintiffs allege no distinct fact which the defendants, or either of them, can be called upon to deny. The plaintiffs do not say positively that any of the allegations of the bill are true, but the substance of what they say is that they have received certain information which excites their suspicion ”

“ Equity has been ready, where such property remains in her hands, to restore it to its proper use, but not to hold her separate estate liable for what she has received, and probably spent at his dictation. ”

“ But, if it is beyond his reach, the wife should no more be held liable for it then if the husband himself had spent it in support of his family, or even of his own extravagance.'
To this principle we adhere; and, as there is no statement or description or reference in this bill to any fund now existing arising out of the bankrupt's gift to his wife, and no call for discovery in regard to any such fund, but an express waiver of an answer under oath, we think the bill was properly dismissed. ”