|
An answer may, by consent, be received
|
t is in most cases, better to decide on
|
|
without oath, and will be allowed to
|
the motion to dissolve the injunction
|
|
have full effect, as regards co-defen-
|
before an attachment for a breach of it,
|
|
dants, 285.
|
is disposed of, 102.
|
|
An answer on affirmation, before the re-
|
A person may be ordered to remove an
|
|
volution. Gardner v. JDick, 277.
|
erection, which he has made in breach
|
|
An insufficient answer is as no answer ;
|
of an injunction, as a part of the pun-
|
|
and therefore, upon such default, the
|
ishment under an attachment, 102.
|
|
bill may be taken pro confesso, and a
|
^he mode of obtaining and proceeding
|
|
final decree passed. Buckingham v.
|
upon an attachment for a breach of an
|
|
Peddicord, 447.
|
injunction. Murdock's case, 486. _
|
|
A plaintiff not allowed to file new excep-
|
'ragmatic trespassers, pending an in-
|
|
tions, but must have the new answer
|
junction, may be made to remove
|
|
put to the test of those first filed, 459.
|
erections made by them on the pro-
|
|
A defendant permitted by a supplemen-
|
perty in controversy, 487.
|
|
tal answer, to explain equivocal ex-
|
A party taken under an attachment to
|
|
pressions, leaving the first answer to
|
enforce the payment of money, may
|
|
stand. Murdock's case, 463.
|
be discharged by producing a release
under the insolvent law. Andrews v.
|
|
APPEAL.
|
Scotton, 663.
|
|
A decree of the Court of Appeals sent to
the Court of Chancery to be executed,
|
AUDITOR.
|
|
cannot be there revised or modified
|
The auditor may be ordered to proceed
|
|
in any way whatever. Crapster v.
Griffith, 23.
|
to state the account immediately, un-
less prevented by particular circum-
|
|
Where there is a reasonable doubt, in a
|
stances. Crapster v. Griffith, 8.
|
|
caveat case, patents are allowed, so as
|
A case may, on good cause shewn by
|
|
in effect, to give the benefit of an ap-
|
affidavit, be remanded to the auditor,
|
|
peal.The Rail Road v. Hoye, 263.
|
with leave to take further proof, 21.
|
|
Wnere the Court of Appeals remand the
case, or leaves any thing to be done
|
Where the case set forth in the bill, is
such as to entitle the plaintiff to relief,
|
|
by the Chancellor, the case should be
|
the court may have further inquiries
|
|
brought before the Chancellor by peti-
tion, with a copy of the decree of the
|
made by the auditor, so as to adapt the
relief to the peculiar nature of the case.
|
|
Court of Appeals. Contee v. Dawson,
|
Townshend v. Duncan, 45; Tilly v.
|
|
305; Tyson v. Hollingsworth, 330.
|
Tilly, 444; Addison v. Bowie, 611 ;
|
|
An appeal bond, on the deciee being
|
Norwood v. Norwood., 477, 482.
|
|
affirmed, becomes thereby an addi-
|
The office, power, and duty of a master
|
|
tional security for the debt. Andrews
|
in Chancery, in England, and of the
|
|
v. Scotton, 669.
|
auditor of this court. Townshend v.
|
|
|
Duncan, 45.
|
|
ARBITRATION.
|
Auditor's fees under the provincial go-
|
|
No direction in a will, nor any agreement
|
vernment, 61, note.
|
|
to refer to arbitration, can oust the
|
Report under a decretal order to account.
|
|
courts of their jurisdiction. Contee
|
Parker v. Mackall, 65.
|
|
v. Dawson, 275.
|
An exceptant ordered to pay a fine, for
|
|
Upon an award, returned under an order
referring the case to arbitration, there
|
the delay, on over-ruling his exceptions
to the auditor's report. Woodward v.
|
|
may be a decree, 276.
|
Chapman, 71.
|
|
Arbitration or compromise, recommended
|
A commission to account with special
|
|
by the Chancellor. Norwood v. Nor-
|
directions. Sloss v. Mcllvane, 73.
|
|
wood, 478, 484.
|
An order directing certain persons to
|
|
This court never compels the performance
|
state an account. Cheseldine v. Gor-
|
|
of an award, unless made oa a sub-
|
don, 81.
|
|
mission in court, 479.
|
A trustee having the profits of the estate
|
|
|
in his hands, ordered to pay the audi-
|
|
ATTACHMENT.
|
tor's fees. Winder v. Diffenderffer,
|
|
A party may be arrested any where, and
|
176.
|
|
brought before the court under an at-
|
A witness or party, ordered to account.
|
|
tachment. Crapster v. Griffith, 15.
|
may be summoned, and compelled to
|
|
When an attachment is in the nature oi
|
give evidence before the auditor.
|
|
mesne process, the sheriff may take
|
Hammond v. Hammond, 310.
|
|
bail for the party's appearance; and
on a return cepi, he may be ordered to
|
Books and papers ordered to be produced
to, and lodged with the auditor. Nor-
|
|
bring in the body; or he may sue on
|
wood v. Norwood, 477.
|
|
the bail bond. Binney's case, 101 ;
|
In a creditor's suit, the auditor's report
|
|
Deakin's ease, 408.
|
may be at once confirmed, as to all
|
