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any of them may waive the benefit of
it without affecting the others, 25.
A supplemental bill is a distinct record :
but an original and amended bill are
considered as one entire record, 20.
The nature and effect of an amendment,
20.
No amendment can be made without
leave; if short, it may be made by an
interlineation; but, in general should
be made by a separate bill, 21.
The prayer of a petitioner cannot be re-
garded farther than his rights may be
injuriously affected, 21, 26.
On an application for a rehearing it is
not enough to shew that injustice has
been done, but that it has been done
under circumstances which authorize
the court to interfere, 27.
The old form of a decree setting forth the
whole case as it appeared to the court.
— Anderson v. Rawlins, 41.
A creditor's bill need not allege and shew
an insufficiency of the personalty in
order to have a sale of the realty, that
being an equity between the heir and
executor. — Tessier v. Wyse, 43, 49.
Where the then defendants are entitled
to both personal and real estate, the
personal representative of the deceased
debtor need not to be made a party, 57.
The mere fact of an infant's having at-
tained his full age is not a ground for
a rehearing in a creditor's suit, 61.
An interrogatory, in the nature of a cross
bill, propounded by a defendant to a
plaintiff, answered by the monosyllable,
yes, — Salmon v. Clagett, 130.
It is necessary in all doubtful cases to
recur to the reason of the law. — Salmon
v.. Clagett, 134.
There are five modes of defence; 1, a
demurrer; 2, a plea; S, an answer,
properly so called; 4, a matter in
avoidance in the form of an answer ;
and 5, a defence found at the hearing
as the production of the whole case, 142.
The cases which consider any matter in
avoidance embodied in an answer as
operating like a plea make a new use
of such an answer, which cannot be
allowed, 149, 158.
On an affidavit at the hearing, of a mis
apprehension in taking evidence, o
that a material witness has just re
turned, or been discovered, the cas
may be continued with leave to issu
a commission, 166, 167.
Where a defendant is in custody as
lunatic, it is of course for his committe
to answer for him; but if the committe
be interested, then the lunatic must
hate a guardian. — Hewitt's case, 1S4
Under a decree for a sale the trustee ma
reserve a Md or have a bye-bidder i
certain cases. — Williams' case, 212.
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he actual holder of the estate may be
ordered to pay an occupation rent
pending the litigation, 216.
n a creditor's suit the auditor should ar-
range the claims in classes. — Simmons
v. Tongue, 353.
On exceptions for impertinence, scandal,
or insufficiency, a day is appointed for
hearing before the Chancellor. — Price
v. Tyson, 400.
The plaintiff pays the costs of a bill of
discovery, 406.
But the defendant to a bill of discovery
made to pay the costs of exceptions
for insufficiency, 406.
f the plaintiff' brings on the case for
hearing on bill and answer, he thereby
admits the answer to be true. — McKim
v. Odom, 409.
The bill dismissed as to some of the de-
fendants, and relief granted against
others, 410, 432.
After an appeal had been taken, the plain-
tiff, on dismissing his appeal, allowed
to amend his bill, on which a new in-
junction was granted on terms, 413.
There can be no substituted service of a
subpaena to answer an amended bill
upon a solicitor, as against a resident
defendant, 430.
Attorneys allowed five per cent, for
suing for, and collecting the proceeds
of sales under a decree. — Post v.
Mackall, 528.
On the filing of a bill the defendant may
instantly put in his answer so as there-
by to prevent the granting of an in-
junction. — Hall v. McPherson, 531.
As by a decree to account, the defendant
becomes an actor, the plaintiff cannot
thereafter dismiss his bill without no-
tice to the defendant by a rule further
proceedings, 538.
A discharge under the insolvent law of a
party to a pending suit does not operate
as an abatement; but the suit be-
coming thereby defective, the defect
must be removed before it can pro-
ceed, 538.
The various modes in which a bill may
be taken pro confesso. — Neale v. Hag-
throp, 570, 575.
Statements in a bill or answer as to agree-
ments with persons not parties to the
suit, the nature and validity of which
agreements are not drawn in question,
and all careless verbiage may be re-
jected as mere surplusage, 666, 580.
A citizen can only be sued or arrested
by civil process in the county in which
he resides; but may be taken by an
attachment from the Court of Chancery
any where within the state. — The Cape
Sable Company's case, 664.
Cases consolidated by the manner of
treating them, or by consent, 623, 626.
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