If bad in part, &c.

17. A bill, praying for the

If the demurrer is bad in part, it is bad in toto. The appointment of a receiver rests in the sound appointment of discretion of the court; and it seems no ground for a a receiver not demurrer to a bill praying for the appointment. (c)

demurrable.

18. Where A bill filed to recover the amount of a total loss on the parties have adequate relief a policy of insurance, stating no other ground of

at law.

19. Notice to

set down cause

on demurrer.

equitable relief than that the policy had been assigned to the plaintiffs by the insured, in whose names it had been effected, and that the insurers refused to pay, was on demurrer dismissed with costs. The plaintiffs having adequate remedy at law. (d)

Notice to set down cause for argument on demurrer. In Chancery.

Sir,

Between

C. D. Defendant,

and

A. B. Complainant.

Please to take notice, that I intend to set down for argument this cause for argument, and bring the same to a hearing on the demurrer filed therein, at the next court of Chancery, to be held for this state of New-York, at the city of New-York, on the second Monday of June next, at 10 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard therein. Dated, New-York, 1818.

26. Form of demurrer.

Your's, &c.

G. H. Esq. Sol'r. for comp't.

E. F. Sol'r. for defendant.

The joint and several demurrer of C. D. and M. N. two of the defendants to the bill of complaint of A. B.

(c) 1 Johns. Chan. Rep. 57.

(d) Carter & Moore v. United Insu

rance Company, 1 Johns, Chan. Rep. 463.

an infant by his father, and next friend complainant. These defendants, by protestation, not confessing or acknowledging all or any of the matters in and by the said bill set forth, and complained of to be true, in manner and form as the same are therein and thereby set forth and alleged, severally say, they are advised that there is no matter or thing in the complainant's said bill of complaint contained, good and sufficient in law to call these defendants to account in this honorable court for the same; but that there is good cause of demurrer thereunto, and they do demur thereunto accordingly, and for causes of demurrer say that the complainant's said bill of complaint, in case the same were true, which these defendants do in no wise admit, contains not any matter whereon this court can ground any decree, or give the complainant any relief or assistance against them these defendants. Wherefore, and for divers other errors and defects in the complainant's said bill of complaint contained, and appearing on the face thereof, these defendants do as aforesaid demur in law thereunto, and humbly crave the judgment of this honorable court, whether they are compellable or ought to make any answer thereunto otherwise than as aforesaid; and these defendants humbly pray to be hence dismissed, with their costs and charges in this behalf most wrongfully sustained.

E. F. defendant's solicitor.

15

OF PLEADING.

Special Contents.

I. Party pleading in 3 weeks after filing the plea to set the

same down for argument.

II. In disability of the person.

II!. In bar.

IV. Form of a plea.

Of Pleading.

A PLEA is a special answer, showing or relying upon one or more things as a cause why the suit should be either dismissed, delayed, or barred-It does not, like the demurrer, rest in matters charged in the complainant's bill, but alleges either facts to which the complainant may reply; it may be either a part or the whole of a bill, and like the demurrer, it admits all the facts alleged in the bill which it does not controvert. Pleas are of three sorts-1st. to the jurisdiction of the court 2d. to the person of the plantiff-3d. in bar of 1 Party plead the plantiff's suit. (a) The party pleading, must in after filing the three weeks after filing the plea or demurrer, set the

ing in 5 weeks

plea, to set the

argument

at

same down for same down for argument at the next term; or in default the next term. thereof, that an order may be entered, that the same be overruled; (b) and the complainant shall then be at liberty to proceed as though such plea or demurrer had not been filed; but if the defendant shall plead a former decree, another suit depending for the same cause, or other matter of record in court, the defendant shall, instead of setting the same down for argument, enter an order for a reference to a master to examine and report whether the plea be true, and

(a) Bart. 110-Parker 8th page. (b) 18th Rule.

shall procure the master's report thereupon by the next term-or the plea shall be considered as overruled, and the complainant be at liberty to proceed as though no such plea had been filed, unless the cause be shown to the contrary.

disability of the

Pleas in disability of the person, or to the jurisdiction 2 Pleas in the of the court, or pleas of any matter of record, need not person, &c. not be on oath, but pleas in bar of matters in pais, must be on oath, and all pleas must be signed by counsel,

on oath.

A plea in bar, to a bill in chancery, denying only part in bar. of the material facts stated in the bill, is not good. A mere denial of facts is proper for an answer, and not for a plea. (c)

The Form of a Plea.

The joint and several plea of C. D. and M. N. two 4 Formof the of the defendants to the bill of complaint of A. B. an plea. infant by G. H. his father and next friend, complain

ant.

The said defendant by protestation not confessing or acknowledging all or any of the matters or things in the complainant's said bill of complaint contained to be true in such manner and form as the same are therein declared and set forth, do plead thereunto; and for cause of plea, say that heretofore, and before the said complainant exhibited his present bill of complaint in this honorable court, to wit, on the day of which was in the year of our Lord one thousand eight hundred and eighteen, the said now complainant, together with G. H. his father, in the said bill named, did exhibit their bill of complaint in this honorable court, against these defendants, for the same matter, and to the same effect, and for the like relief and purpose, as the said now (c) 2 Cranch, 220.

complainant doth by his present bill demand and set forth-To which said bill of complaint, these defendants did put in their joint and several answers-And the said complainant did thereto reply, and other proceedings were thereupon had, and the said former bill is depending in this honorable court, and the matters thereof undetermined, and therefore these defendants do plead the said former bill, answer and proceedings in bar to the said complainant's present bill, and humbly pray the judgment of this honorable court, whether it behooves them to make any further or other an swer thereunto than as aforesaid, and pray to be hence dismissed with their reasonable costs and charges in this behalf, most wrongfully sustained.

E. F. Sol'r. for Def'ts.