168 JONES v. MAGILL.—1 BLAND.

term, provided a copy of this order be served on the complain-
ant or her solicitor before the twentieth day of June next.

A copy of this order having been served as required, and no
counsel appearing for the plaintiff, the motion to dissolve the in-
junction was submitted on the part of the defendants, Magill and
Harding.

BLAND, C., 11th August, 1825.—An injunction, if prayed for
by the bill, may be granted in any case on the bill alone, before
a subpoena has been issued, or the party summoned; except to
stay proceedings at law in an action of ejectment by a lessor,
under the Act of 4 Geo. 2, c. 28, s. 3; or to recover mortgaged
property under the Act of 7 Geo. 2, c. 20, in which cases no relief,
or injunction can be granted before the defendant shall have been
summoned and beard. Todd v. Pratt, 1 H. & J. 465; Eden In. 85.
But in no case can an injunction be granted on the bill alone, unless
it be verified by the affidavit of the plaintiff; or of one of the plain-
tiffs, where there are more than one; or, if the plaintiff be not a resi-
dent of the State, by the affidavit of some third person, who espe-
cially shews how he happens to have a knowledge of the facts set
forth in the bill; or by some other testimony sufficient to induce
the Chancellor to credit the bill for the truth of its statement.
Moore's Lessee v. Pearce, 2 H. & 3/cH. 239; Schermehon v. L'Expi-
nasse, 2 Dall. 360; 2 Harr. Pra. Cha. 221; 1 Cain. Ca. Err. 1.

In ordinary cases the injunction is simply granted as prayed;
and, in such cases, the defendant may, immediately upon tiling
his answer, give notice to the plaintiff of a motion to dissolve the
injunction to be heard at the then next term. If the answer be
filed * during the sittings, (See ante, 126, note o), of a term,
181 this notice can only be given by an entry of it upon the
docket, of which the plaintiff is bound to take notice; or, if not
then entered, it can only be put upon the docket at the next sit-
ings; and so on, from term to term. But, if the answer be filed
after the close of the sittings of a term, then the defendant must
make such an entry upon the docket, and also obtain a special
order, such as that which has been passed in this case; and must
produce proof of its having been served as required, before his
motion can be heard.

The defendant may, during the sittings of a term, at the same
time he enters upon the docket a notice of a motion to dissolve
the injunction, if the case be so situated, that it lays with the
plaintiff next to proceed, also have entered a rule further proceed-
ings, by the nest term; so as to compel the plaintiff to proceed
with his case, in addition to his shewing cause upon the motion
to dissolve. And if the plaintiff excepts to the sufficiency of
the answer, such exceptions may be taken up and decided at the