666 INDEX.—3 BLAND.

PLEADING —Continued

16 Where a defendant declares, that he is entirely ignorant of the matters
stated in the bill and leaves the defendant to make out his case, or
in words to that effect and the plaintiff replies, the allegations of
the bill are thus put in issue and mu'rt be proved Ib
See BILL OF DISCOVERY, 2, 3

DEBTOR AND CPEDITOR' 2, 3, 12
INJUNCTION 6, 11

PORT, PUBLIC

See WHARF AND \\HARFiGE, 236

PRACTICE

1 No injunction can be gianted to stay pioceedings at law between the
same parties without bond and surety, by the plaintiff in equitv to
the plaintiff at law to prosecute the suit in equity with effect
Walsh v Smyth 1

2 Wheie the suit abates by the death of the plaintiff the injunction not
being theiebj dissolved a dissolution can only be obtained by notice
to the representatives of the deceased or if they are non rest
dents or unknown by notice enteied on the docket or in a course
of proceeding between the surviving parties, the suit not having
been noticed for some time by the representatives of the deceased
76

3 Where in puisuance of a contiact for the sale of land, several bonds
were given for the payment of the purchase money, they were re
garded as one contract and the consideration on being impeached
having been sustained in favor of a responding defendant, it was
held, to enure to the bfneht of a defendant against whom for not
answering on warning by publication the bill might have been taken
pro confesso Ib

4 But although as regaids an inseparably joint cause of suit a good
defence by one defendant must enure to the benefit of all yet as
regards plaintiffs where there is a ground of relief available for
all the neglect of any one to take advantage of it, will not pre
vent any others of them from benefiting bj it Ib

5 The answer should in general be sworn to but must be allowed to
have full effect as such although made by one who is incompetent
to give evidence in any case as a witness or by a defendant who is
incapable of making oath Salmon v Clagrett, 106

6 On discovering, at the hearing that a party had failed to take some
material testimony the case was on affidavit, continued and a
commission issued to take the evidence Ib

7 Wheie evidence is to be taken a reasonable time to collect it is al
lowed as of course McKim v (Mom, 403

8 The proceeding by publication on the ground that the defendant
does not reside in the State does not apply to those, such as man
ners who are temporarily absent in their vocation Ib

9 There can be no substituted service of a subpoena to answer an
amended bill upon a solicitor, as against a resident defendant Ib

PROCESS

A citizen can only be sued or arrested by civil process in the county in
which he resides but may be taken by an attachment from the High