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HALL v. McPHERSON. 531
circularly ascertained; that the estate of the plaintiff's
would be inadequate to pay his debts, and this defendant would
be seriously injured in consequence thereof; and that this defen-
dant has not been able to ascertain the aggregate of the debts
against the two firms, &c.
26th April, 1826. —BLAND, Chancellor. —The defendant's soli-
citor called upon the Chancellor at his office, and asked leave to
lodge with him an answer to a bill which, he said, would soon be
laid before him. In a few hours after the bill was accordingly
presented. The Chancellor apprised the plaintiff's solicitor of
these circumstances; and, after hearing his remarks, has read and
considered the bill and answer.
It often occurs, in cases where the suit has been amicably insti-
tuted, that the bill and answer are filed together, and that some
order is passed thereon at once. But this is not said to be, nor
does it, in any respect, wear the aspect of an amicable call for the
aid, or sanction of the court, to have that done on a statement of
facts about which the parties are agreed, or which they are willing
should be done. The parties here are substantially opposed as to
every object of this suit; and they apprised the Chancellor, that
they were so before he read either the bill or answer.
The prompt manner in which the defendant has chosen to come
in and answer is unusual; perhaps, indeed, such an instance never
happened before. But I am not aware of any practice of this
court, or, of any principle, governing the administration of justice,
which prohibits a defendant from answering instantly to any com-
plaint that may be made against him. On the contrary, courts of
justice, whether of common law or of equity, not only allow a
party to come in and immediately defend himself; but consider a
promptness in doing so as highly commendable. The various
formalities, intervals, and pauses of the process, warning, summon-
ing, or coercing a defendant to appear and answer, are intended
for his benefit; and to allow him time to deliberate, and to move
in die most circumspect manner in the defence of his rights; and
being for his advantage only, he may waive them all; and, as in
this instance, come in and answer instantly. By doing so he
accelerates the progress of the case which must be for the advan-
tage of him who complains of a delay or denial of right. This
plaintiff may now except to this answer, set the ease down to be
heard on bill and answer, or put in a general replication and pro-
ceed forthwith to take testimony. In short any defendant to a bill
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