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SALMON 9. CLAGETT. 147
The object of the interrogatories of the bill is, lawfully to obtain
answers thereto, for the purpose of using them as evidence appli-
cable to a case of which the court has jurisdiction. But these
disclosures may be very injurious, or destructive to the interests
of the defendant; and he may be able to shew, that, in equity, he
is not and ought not to be bound to make any discovery whatever.
A plea is exactly calculated for this purpose. Whatever shews
there is no right which can be made the foundation of a suit, may
constitute the subject of a plea. One of its main objects is to
advance such new matter, as has not been shewn or relied on by
the plaintiff, as will preclude him from that discovery which he
requires by his bill. But, although the plea may advance some
new matter, yet it may be, that it only denies some fact affirmed
by the plaintiff, and which is so essential to his case, that without
establishing its truth he cannot recover, (q) If a plea be over-
ruled generally, the defendant is ordered to answer; or it may be
wholly overruled, as a plea, leaving it to stand for an answer, with
or without liberty to except; or it may be allowed to operate as a
plea, for the purpose of protecting the defendant from some parti-
cular discovery, and to stand for an answer with liberty to except
as to the rest, (r)
But a plea admits the truth of the facts set forth in the bill, that
are not particularly covered and denied by it; and therefore, if the
defendant fails to establish the truth of his plea, on issue joined
thereon, as to all the discovery sought by the bill, and which the
defendant protected himself from making by his plea, the plaintiff
is left precisely in the situation of having had his bill taken pro
confesso. But that may be; and, in many cases, is far from an-
swering his purpose. The disclosure of facts which the defendant
alone is capable of making, and of which the plaintiff is unable to
adduce any proof, may be essentially or indispensably necessary to
enable him to obtain the relief he is in quest of. Consequently,
where a discovery is needful to the plaintiff he shall not, under
such circumstances, lose the benefit of it; as the court will order
the defendant to be examined on interrogatories to supply the
defect, (s) For the same purpose, of supplying the defect, in
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(q) Drew v. Drew, 2 Ves. & Bea. 159,-~(r) Pusey v. Desbouvrie, 3 P. Will. 321;
Brereton v. Gamul, 2 Atk. 240; Child v. Gibson, 2 Atk. 603; King v. Holcombe, 4
Bro. C. C. 439; Spurrier v. Fitzgerald, 6 Ves. 548.—(s) Brownsword v. Edwards,
2 ves. 246; Hawtry v. Trollop, Nelson, 119; Milf. Plea. 249; Brown v. Wilson,
4 Hen. and Mun. 481.
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