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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 678   View pdf image (33K)
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678 INDEX.
ALIEN.
Statements in a bill or answer as to agree-
The revolutionary confiscation acts gave
to the creditors of alien enemies reme-
ments with persons not parties to the
suit; the nature and validity of which
dies as effectual as those taken away,
agreements are not drawn in question;
and removed no property beyond the
reach of such creditors. — Hepburn's
and all careless verbiage may be re-
jected as mere surplusage. — Neale v.
case, 116.
Hagthrop, 566, 580.

The answer of a defendant is taken for
ANSWER.
true so far as it is responsive to the bill,
A motion to dissolve the injunction and
unless disproved, 567.
exceptions to the answer, may be
Its allegations of fact not responsive, but
taken up together and determined at
the same time. — Salmon v. Clagett,
in avoidance must be proved, 568.
The proposition that any material allega-
131.
tion left unanswered may, at the hear-
The answer should, in general, be sworn
ing, be taken for true, considered; held,
to; but roust nevertheless be allowed
that it must be proved, 569, 579, note.
to have full effect, as such, although
Where a defendant answers that he is
made by one who is incompetent to
entirely ignorant of the matter, and
give evidence as a witness, or who is
leaves the plaintiff to make out his
incapable of taking an oath, 141, 165.
case, or in words to that effect; the
The answer called for by the bill is only
allegations of the bill are thus put in
as to certain facts therein set forth, 140.
issue and must be proved, 579.
An answer is to serve the purposes of the
plaintiff, not the defendant; and is
ATTACHMENT.
equivalent to parol evidence only;
The object of the judicial proceeding by
therefore written evidence must be ex-
attachment is to enable a creditor to
hibited when called for, 141; Neale v.
obtain satisfaction from his absent
Hagthrop, 567.
debtor's property found here. — Hep-
Matters set forth in an answer by way of
burn's case, 118.
avoidance, no evidence; unless made
Although a non-resident alien enemy
so by the plaintiff's setting the case
cannot sue; yet a citizen creditor may,
down on bill and answer. — Salmon v.
by attachment, obtain satisfaction from
Clagett, 141; Beard v, Williams, 164.
the property found here of an alien
A defendant, who submits to answer must
enemy debtor, 120.
answer as fully as the hill requires;
A citizen can only be arrested by civil
or the plaintiffs may except, or have the
process, in the county in which he re-
bill taken pro confesso. — Salmon v.
sides; but may be taken by an attach-
Clagett, 142; Neale p. Hagthrop, 56S.
ment from the Court of Chancery any
The disclosures called for, must be perti-
where within the state. — The Cape
nent and material to the plaintiff's case.
Sable Company's case, 664.
—Salmon v. Clagett, 144.

No one can be compelled to criminate
BILL.
himself, 144.
A supplemental bill is a distinct record ;
A solicitor not allowed to divulge the
but an original and amended bill are
secrets of his client, 145.
considered as one entire record. — Walsh
A defendant is not bound to produce, by
u. Smyth, 20.
way of answer, any public documen-
The nature of an amendment, 20.
tary evidence of which he is the offi-
No amendment can be made without
cial keeper, 145.
leave; if short, it may be made by in-
One who stands as a disinterested witness
terlineation; but, in general, it should
may disclaim and refuse to answer, 146.
be made by a separate bill, 21.
The cases which consider any matter in
A creditor's Dili need noc allege and shew
avoidance embodied in an answer as
an insufficiency of the personalty in
having the effect of a plea make a new
order to have a sale of the realty, that
use of such an answer, which cannot
being an equity between the heir and
be allowed, 149, 158.
the executor. — Tessierv. Wyse, 43, 49.
A defendant in answering a bill of disco-
An interrogatory, in the nature of a cross
very, may set forth any pertinent mat-
bill, propounded by a defendant to a
ter in avoidance. — Price v. Tyson, 398.
No matter stated by way of answer,
plaintiff, answered by the inonosylla-
te, yes. — Salmon v. Clagett, 180.
which affords such information as the
The bill should set oat an equitable, as
bill calls for, or which may be needful
as a defence, can be deemed imperti-
contradistinguished from a mere legal
cause of suit, 134.
nent, 400.
Every bill assumes two propositions:
Nor can any matter which is pertinent to
first, that the case is within the juris-
the case be deemed scandalous, 400.
diction of the court; and second, that


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 678   View pdf image (33K)
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