U.S. Circuit Court for the District of Southern California May 10, 1897 (Whittemore v. Patten)

WELLBORN, District Judge.

The question now under submission is, not whether the answer is insufficient or impertinent in the particulars pointed out by the exceptions, but simply whether or not exceptions for insufficiency or impertinence will lie to an answer where the bill, being one for relief as well as discovery, waives an answer under oath.