584 INDEX.

PRACTICE IN CHANCERY— Continued.

10. Upon motion to dissolve, credit can only be given to the answer, in so far
aa it speaks of responsive matters, within the personal knowledge of the
defendant, and unless so speaking, the equity of the bill is sworn away,
the injunction cannot be dissolved. Ib.

11. Although an answer founded upon hearsay is not to be treated as an an-
swer resting upon personal knowledge, it is sufficient to put the com-
plainant upon proof of the averments of his bill. Ib.

12. Where an original and amended bill merely unite two causes of complaint
growing out of the same transaction, affecting the same question of right,
being the right •o! the complainant to relief against the judgment of the
defendant, they cannot be regarded as obnoxious to the objection of
multifariousness. Ib.

13. It is too late to urge the objection ofmiajoinder of plaintiffs, when the case
is ready for decision upon its merits, when there is no demurrer and the
answer takes no such defence. Craw vs. Sanus S^ Fergwssm, 151.

14. Courts of equity are not subject to those strict technical rules which, in
other courts, are sometimes found in the way and difficult to surmount.
The remedies here are moulded so as to reach the real merits of the con-
troversy, and justice will not be suffered to be entangled in a web of tech-
niealities. Ib.

15. The omission of the prayer for the specific, relief, is no reason why, under
the general prayer, the complainants may not have such relief as the case
alleged and proved may entitle them to. Ib.

16. The only limitation upon the power of the court to grant relief under the
general prayer, is, that it must be agreeable to the case made by the bill,
and not different from or inconsistent with it. I!>.

17. It is a fatal objection to the return of a commission to make partition,
that the value of the estate in writing, has not been stated by the com-
missioners. Cecil vs. Dorsey, 223.

18. The clause directing the commissioners to take evidence, should be
added to the form of the commission. Ib.

19. The act of assembly requiring thirty days notice to be given of the exe-
cution of the commission, is not complied with, by stating in the return
that reasonable notice was given; but the conmmissionera must say in
their return, either that they gave at least thirty dsfs notice, or due
notice according to law. 16.

20. The fact that the trustee of an insolvent debtor was a party to the suit,
does not dispense with the necessity of making the creditors themselves
parties. Dwcall vs. Speed, 229.

21. Where a claim has been submitted to, and adjudicated %pon by the
court, and finally rejected through the negligence of its owner. He
will not be allowed to re-open the judgment of the court, and ask for
and obtain a re-hearing upon additional proof. Dixwn vs. Dixon, 271.

33. But where no adjudication has been had upon the claim, and the fund
for distribution remains in court, equity requires that the new proof
should be considered, and if found sufficient to remove the objection
to it, the claim should be allowed. Ib.