MURDOCK'S CASE.—2 BLAND. 465
BLAND, C., 24th May, 1830.—To obtain an attachment fora vio-
lation of an injunction, the party grieved must, by petition, state
particularly the nature and extent of the breaches of the injunction
of which he complains, and the person by whom they have been
committed; and his petition must be supported by his own oath, or
by the affidavits of others. Upon which, an attachment may be
ordered, returnable forthwith, or on a particular day according to
the- nature and exigency of the case. The breaches so set forth in
the petition and annexed affidavits are the charges which the party
brought before the Court, is expected to answer upon oath. The
charges thus set forth by the party complaining, standing in the
place of special interrogatories, none need be propounded to the
accused. If the party attached makes a full and irank answer to
all the facts, and positively denies or justifies all that- Is alleged
against him, he must be at once discharged, as having entirely ac-
quitted himself of the contempt imputed to him. I know of no in-
stance in this Court in which * proofs and affidavits have
been allowed to be introduced in opposition to the answer 487
of the accused. If, on the other hand, the accused does not, by
ant the sum of £776 15s. 6d. with interest from the 31st of January, 1800.
until the time of payment, be reversed. Decreed, also, that the complain-
ant account with the defendant for the sum of £537 12s. 7d. being the
amount of the one-half of the improvements erected on the said tract of
land called United Friendship, at the time of the division thereof between
the said parties, and that the defendant account with the complainant for the
sum of £400, being the amount of the difference of soil, between the respec-
tive parts of the said tract of land, and that the said two sums of £537 12s. 7d.
and £400, bear interest from the 12-th November, 1785. And that the auditor,
in restating the said account, shall also charge the defendant with a moiety
of the profits of the said ferry, agreeably to his said last stated account and
report, with interest thereon, to be computed from the periods stated in the
said account. And that the auditor, in stating such account, and ascertain-
ing the profits of the new ferry set up by the defendant, shall ascertain the
reasonable expense of setting up and establishing the same, as well as after-
wards keeping the ferry, and shall charge the complainant with one-half
part of the said expenses. Decreed, also, that all and every part of the said
decree respecting the agreement stated in the said bill for dividing the land
called United Friendship between the parties, and carrying the same into full
effect; and all and every part of the said decree respecting the ferry; and
the complainant being entitled to hold one-half part of the same, and to
have and receive one moiety of the net profits thereof, as tenant in common
with the defendant, conformably to the limitations and conditions contained
in the said decree, be affirmed. Decreed, also, that the Chancellor pass such
decree and order as shall be necessary to have the account stated in the man-
ner herein directed; and on return thereof, that he pass a decree for the
payment of principal and interest due the complainant; and that in the mean:
time he pass such further order and decree as may be necessary for carrying
into effect those parts of the said decree, affirmed by this Court. Decreed,
also, that the decree of the Chancellor respecting the payment of costs by
the defendant, be reversed, and that each party pay his own costs ia the
Court of Chancery, and in this Court.—4 H. & J. 115
30 2 B.
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