408 CHANCERY. [ART. 16

1904, art. 16, sec. 158. 1888, art. 16, sec. 145. Rule 26.

167. Cross-bills for discovery only shall not be allowed, but the
defendant shall be at liberty, instead thereof, to file interrogatories to
the plaintiff, as provided in the preceding section. In other cross-bills,
no other reference shall be made to the matters contained in the original
bill than shall be necessary, but the same may be treated as if incor-
porated therein. The rules regulating the form of bills shall apply to
cross-bills. If no new parties are introduced, service of a copy of the
cross-bill on the solicitor of the plaintiff or plaintiffs in the original bill
shall be sufficient. But where other persons are made parties, the
service or notification shall be the same as provided in respect to notice
or service of process upon defendants in original bills, together with the
cross-bill.

Ibid. sec. 159. 1888, art. 10. sec. 146. 1860. art. 16, sec. 103. 1852. ch. 133

1853. ch, 344.

168. It shall not be necessary for any defendant to make oath to
his answer unless required by the plaintiff, nor shall any answer,
whether sworn to or not, be evidence against the plaintiff at the hearing
of the cause, unless the plaintiff shall read such answer as evidence
against the defendant making the same; but this section shall not apply
to motions to dissolve an injunction or to discharge a receiver.

This section must be read as applying only when an answer under oath is
required, and section 109. as applying only when an answer under oath is
not required. When an answer is required to be under oath, it will only be
evidence against the plaintiff of read by him at the hearing. When the
answer is not required to be under oath, if it is under oath, it will be
evidence for the defendant when the case is heard on bill and answer.
Whether the answer is evidence or not. It forces the plaintiff to prove such
allegations of the bill as are denied. Davls v. Crockett, 88 Md. 255.

Although the answer is not evidence under this section, still it may be
looked to for the purpose of ascertaining what is in issue between the parties.
In such case, the bill and answer are only to be regarded as pleadings. Tag-
gart v. Boldin, 10 Md. 114: Dorn v. Bayer, 16 Md. 152.

This section has no application where the case is set for hearing upon bill,
answer and exhibits alone. Warren v. Twilley. 10 Md. 40; Taggart v. Boldin.
10 Md. 114; Mickle v. Cross. 10 Md. 360; Hall v. Clagett, 48 Md. 236.

This section has no application to plenary proceedings in the orphans.
court. Watsou v. Watson, 58 Md. 448.

This section applied. Hall v. Clagett, 48 Md. 230; Polk v. Rose, 25 Md.
160; Taggart v. Boldin. 10 Md. 113; Farrell v. Bean. 10 Md. 222; Winchester
v. Baltimore, etc., R. R. Co.. 4 Md. 238.

Under the last clause of this section, to sustain a motion to dissolve an
injunction, the answer must be sworn to. whether required to be under oath
or not. Mahauey v. Lazier. 16 Md. 73.

The last clause of this section applied. Voshell v. Hynson, 26 Md. 94; Dor-
sey v. Hagerstown Bank, 17 Md. 412; Colviu v. Warford, 17 Md. 435; Bouldin
v. Baltimore, 15 Md. 22; Gelston v. Rullman, 15 Md. 267.

Ibid. sec. 160. 1888, art. 16, sec. 147. Rule 27.

169. If the plaintiff in his bill shall not require au answer under
oath, or shall only require an answer under oath with regard to certain
specified interrogatories, the answer of the defendant, though under
oath, except such part thereof as shall be directly responsive to such
interrogatories, shall not be evidence in his favor, unless the cause be