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ALIEN.
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Statements in a bill or answer as to agree-
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The revolutionary confiscation acts gave
to the creditors of alien enemies reme-
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ments with persons not parties to the
suit; the nature and validity of which
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dies as effectual as those taken away,
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agreements are not drawn in question;
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and removed no property beyond the
reach of such creditors. Hepburn's
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and all careless verbiage may be re-
jected as mere surplusage. Neale v.
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case, 116.
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Hagthrop, 566, 580.
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The answer of a defendant is taken for
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ANSWER.
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true so far as it is responsive to the bill,
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A motion to dissolve the injunction and
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unless disproved, 567.
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exceptions to the answer, may be
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Its allegations of fact not responsive, but
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taken up together and determined at
the same time. Salmon v. Clagett,
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in avoidance must be proved, 568.
The proposition that any material allega-
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131.
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tion left unanswered may, at the hear-
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The answer should, in general, be sworn
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ing, be taken for true, considered; held,
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to; but roust nevertheless be allowed
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that it must be proved, 569, 579, note.
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to have full effect, as such, although
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Where a defendant answers that he is
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made by one who is incompetent to
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entirely ignorant of the matter, and
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give evidence as a witness, or who is
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leaves the plaintiff to make out his
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incapable of taking an oath, 141, 165.
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case, or in words to that effect; the
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The answer called for by the bill is only
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allegations of the bill are thus put in
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as to certain facts therein set forth, 140.
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issue and must be proved, 579.
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An answer is to serve the purposes of the
plaintiff, not the defendant; and is
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ATTACHMENT.
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equivalent to parol evidence only;
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The object of the judicial proceeding by
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therefore written evidence must be ex-
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attachment is to enable a creditor to
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hibited when called for, 141; Neale v.
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obtain satisfaction from his absent
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Hagthrop, 567.
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debtor's property found here. Hep-
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Matters set forth in an answer by way of
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burn's case, 118.
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avoidance, no evidence; unless made
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Although a non-resident alien enemy
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so by the plaintiff's setting the case
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cannot sue; yet a citizen creditor may,
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down on bill and answer. Salmon v.
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by attachment, obtain satisfaction from
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Clagett, 141; Beard v, Williams, 164.
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the property found here of an alien
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A defendant, who submits to answer must
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enemy debtor, 120.
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answer as fully as the hill requires;
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A citizen can only be arrested by civil
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or the plaintiffs may except, or have the
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process, in the county in which he re-
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bill taken pro confesso. Salmon v.
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sides; but may be taken by an attach-
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Clagett, 142; Neale p. Hagthrop, 56S.
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ment from the Court of Chancery any
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The disclosures called for, must be perti-
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where within the state. The Cape
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nent and material to the plaintiff's case.
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Sable Company's case, 664.
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Salmon v. Clagett, 144.
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No one can be compelled to criminate
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BILL.
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himself, 144.
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A supplemental bill is a distinct record ;
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A solicitor not allowed to divulge the
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but an original and amended bill are
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secrets of his client, 145.
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considered as one entire record. Walsh
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A defendant is not bound to produce, by
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u. Smyth, 20.
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way of answer, any public documen-
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The nature of an amendment, 20.
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tary evidence of which he is the offi-
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No amendment can be made without
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cial keeper, 145.
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leave; if short, it may be made by in-
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One who stands as a disinterested witness
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terlineation; but, in general, it should
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may disclaim and refuse to answer, 146.
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be made by a separate bill, 21.
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The cases which consider any matter in
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A creditor's Dili need noc allege and shew
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avoidance embodied in an answer as
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an insufficiency of the personalty in
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having the effect of a plea make a new
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order to have a sale of the realty, that
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use of such an answer, which cannot
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being an equity between the heir and
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be allowed, 149, 158.
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the executor. Tessierv. Wyse, 43, 49.
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A defendant in answering a bill of disco-
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An interrogatory, in the nature of a cross
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very, may set forth any pertinent mat-
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bill, propounded by a defendant to a
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ter in avoidance. Price v. Tyson, 398.
No matter stated by way of answer,
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plaintiff, answered by the inonosylla-
te, yes. Salmon v. Clagett, 180.
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which affords such information as the
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The bill should set oat an equitable, as
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bill calls for, or which may be needful
as a defence, can be deemed imperti-
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contradistinguished from a mere legal
cause of suit, 134.
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nent, 400.
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Every bill assumes two propositions:
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Nor can any matter which is pertinent to
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first, that the case is within the juris-
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the case be deemed scandalous, 400.
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diction of the court; and second, that
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