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532 HALL 9. McPHERSON.
of complaint in this court may appear gratis and get rid of the suit
as soon as he can. (a)
But it is said, that this is an injunction bill, and an injunction,
if allowable at all, is always granted ex parte on a consideration of
the bill alone. This practice has, however, arisen out of the cir-
cumstances of our country, and the peculiar urgency of such cases.
The exigencies of the case, as set forth by the plaintiff, in his bill,
may be, and most commonly are, such as to call for immediate
interposition; and therefore, the Chancellor must act on the repre-
sentation of one party only. But in all such cases the opposite
party is allowed an early opportunity of being heard; and if the
nature of the case require it, the manner and time of his being
heard is unusually facilitated and shortened. But if a defendant
should hear of such a bill being on its way to the Chancellor, it
does not seem to me, that there can be any sound regulation which
should hinder him from following the bill to the tribunal, and in-
stantly presenting his answer so as to prevent the imposition of
the threatened restriction. An injunction may be dissolved on the
coming in of an answer which positively denies all the facts upon
which the equity of the bill is founded; hence it would be strange
indeed to refuse to look at such an answer presented together with
the bill, and to grant an injunction which must soon, and inevita-
bly be dissolved. I am therefore of opinion, that this answer must
be now read and considered. Upon which it will be sufficient to
remark, that on the bill alone I should have doubted the propriety
of granting an injunction; but upon looking into the answer I can
have no doubt.
Ordered, that no injunction be issued as prayed by this bill of
complaint,
The plaintiff put in a general replication to the defendant's
answer; and some time after brought the case before the court by
moving for a decree to account.
27th July, 1826. —BLAND, Chancellor. —Decreed, that the par-
ties account with each other; and the case is hereby referred to
the auditor, who is directed, from the proofs now in the case and
such other proofs as may be produced by either party upon giving
reasonable notice to the parties to state one or more accounts as
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(a) Fell v. The Master of Christ's College, 2 Bro, C. C. 278; Hangars v. Welle-
ter, 5 Mad. 422; Webster v. Threlfall, 1 Cond, Chan. Rep, 67.
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