Samuel Nelson

“ The bill of review sets forth as the ground of fraud in the decree, that after the commencement of the former suit and service of the subpoena on McMicken, in an interview with Perin on the subject of the suit, he agreed to discontinue it, and prosecute the same no futher; upon which understanding the defendant acted, and discharged the solicitor retained to defend it, and omitted altogether any defence ”

“ The bill was dismissed upon the ground that the excuse set up by the complainant, to wit, the fraud and imposition of Perin, for not appearing and defending the former suit, was fully and completely denied in the answer, and wholly unsupported by the proofs. ”

“ The defendant also denies that the omission to set forth in his bill any other sums than those allowed in the report of the master, and which entered into the decree, were with a view to an ex parte proceeding in the suit as charged by McMicken, and denies all fraud or concealment in respect to these accounts.
The answer of the defendant is directly responsive to the charges in the bill, and relates to facts within his knowledge, and, upon well-settled principles of pleading, must be taken as presenting the true state of the case, unless overcome by the proofs. ”