106 SALMON v. CLAGETT.—3 BLAND.

SALMON v. CLAGETT. *

INJUNCTIONS.—LAW AND PRACTICE OF.—MODES OF DEFENCE BY DEMURRER,
PLEA, OR ANSWER.—How AN INJUNCTION MAY BE OBTAINED AND HOW
DISSOLVED.—LIABILITY OF A PARTY OBTAINING ASSETS FROM A TRUS-
TEE.—DISCHARGE OF A SURETY BY ACT or CREDITOR.—FORECLOSURE OF
A MORTGAGE PAYABLE IN INSTALMENTS.

A single interrogatory propounded by the defendant to the plaintiff answered
by the monosyllable, "yes."

A motion to dissolve the injunction and exceptions to the answer may be
taken up together and determined at the same time, (a)

It is necessary in all doubtful cases to advert to the reason of the law.

The modes of defence by demurrer, by plea, by answer as called for by the
bill, by answer in avoidance, and by matter derived from the whole case
as shewn at the hearing considered and explained.

The demurrer takes the facts stated in the bill for true, and answers by
averring that they constitute no ground for relief. (b)

A plea usually admits or supposes all that is set forth in the bill to be true,
but states other facts which produce an equity which displaces that aris-
ing from the facts stated in the bill.

A plea demands the judgment of the Court in the first instance whether the
special matter urged by it does not debar the plaintiff from his right to
the answer required by the bill.

A plea or demurrer only supposes the facts to be true, but does not admit
them like an answer.

A defendant who has omitted to answer, or answers evasively any substan-
tial part of the bill, asks with ill grace for a dissolution of the injunc-
tion, (c)

Matter in avoidance denied by the replication must be proved, (d)

A defendant who has omitted, or failed by demurrer or plea to protect him-
self from making the discovery called for, must answer fully as the bill
requires.

The modern cases allowing an answer in avoidance to subserve the purposes
of a plea overruled.

The difference between the combination of facts which gives rise to the
equity upon which the injunction rests, and that which gives rise to the
equity upon which the plaintiff asks relief.

How an injunction may be obtained: and how it may be dissolved on bill
and answer.

* Affirmed in 5 G. & J. 314.

(a) See note {e} infra.

(b) Cited in Rider v. Gray, 10 Md. 299.

(c) Cited in Hamilton v. Whitridge, 11 Md. 144: Keighler v. Savage Co. 12
Md. 413; West v. Williams, 1 Md. Ch. 360. See Equity Rule, 28; Hopkins v.
Stump, 2 H. & J. 301, as to the rule that a defendant submitting to answer
must answer fully.

(d) Cited in Cecil v. Cecil, 19 Md. 82.