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McKIM v. ODOM. 409
Upon these answers the defendants gave notice of a motion to
dissolve the injunction, which coming on to be heard, the injunc-
tion was on the 15th of October, 1827, dissolved. From which
order the plaintiffs appealed. By a note in writing, dated on the
7th of April, 1828, from W. H. Marriott, one of the solicitors of
the plaintiffs, addressed to the register, he says, that after a careful
examination of Law's answer, they had determined to submit the
case on bill and answer. The general replication, which had
been filed, having been thus withdrawn, the case was accordingly
submitted for hearing on bill and answer.
14th April, 1828.—BLAND, Chancellor.—This case having been
set down for hearing by the plaintiffs upon the bill and answers
thereto alone; and having been submitted on their part without ar-
gument; and the solicitors of the defendants having on the 28th of
March last filed a note in which they say, that 'the counsel for the
defendants having understood that this case is set down for hear-
ing at the present term; and that the object of complainants is to
obtain against the defendant Law a decree to account. They,
therefore, respectfully submit to the Chancellor, whether the com-
plainants are entitled to any such decree; no such relief having
been prayed in the bill, and no foundation having been laid for the
same.' Upon which the proceedings were read and considered.
One of the plaintiffs, McKim, as assignee of his co-plaintiff
Moore, claims the one-half of the schooner Beauty, as tenant in
common with the defendant John Odom. The plaintiffs complain
that the defendants Law, Harrison, and Odom, have refused to ac-
count with them for the proceeds of this vessel, which has been
sold, and her earnings. And by their bill pray, that one-half of
those proceeds and earnings may be delivered over to them, or that
they may have such other relief as is best adapted to the nature of
their case.
When a case is set down for hearing, as this has been, on the
bill and answers alone, every thing contained in the answers? in-
cluding the exhibits which constitute a part of them, being prayed
to be made so, are necessarily admitted by the plaintiff to be true
in every particular, so far as it may be at all pertinent and applica-
ble to the case set forth in the bill; because, if the plaintiff does
not contest the answer by putting in a replication to it, he thereby
admits it to be true; and even if he should have put in a replica-
tion; yet. If he afterwards, without laying the defendant under a
rule to proceed, brings the case to be heard on bill and answer,
52 v.3
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