OF THE ANSWER. Special Contents. I. If defendant neither demurs nor pleads. II. The answer to be signed by the party, &c. solicitor and 1II. Defendant to have six weeks to answer. IV. Answer of one defendant not evidence against the other. VI. If defendant submits to answer. VII. To answer specially to special charges. VIII. If a fact is charged to be within the defendant's per. IX. A party claiming relief must deny all notice. X. Of setting down the cause for hearing on bill and an swer. XI. Of hearing the cause on bill and answer. XII. The complainant to have three weeks after notice of XIII. The form of the answer. XIV. Memorandum of the date of issue. XV. Note of issue to be given to the register or assistant register. XVI. Notice of eight days if the adverse solicitor resides in the county. fendant nei nor pleads, &e. Ir the defendant neither demurs nor pleads, or if his If the deplea or demurrer be overruled, he must answer. If ther demurs he has no interest in the subject concerning which the bill is exhibited, he may answer and disclaim. But if the defendant does not do this, he must proceed to make his answer to the complainant's bill. The answer generally contradicts the facts stated in the bill, or some of them, and states other facts to show the rights of the defendant on the subject of the suit ; but sometimes it admits the truth of the case made by the bill, and with or without stating additional facts. To all such facts as is material for the defendant to an 118 2.The answer to be signed his and solicitor counse swer, he must speak directly and pointedly, and without equivocation or evasion; confessing, denying or avoiding, not only the letter, but the substance of each charge. It is not enough, therefore, to deny generally "all the matters charged in the bill," but it is requisite that each specified charge should receive a specific answer. Thus, where a defendant was charged with receiving particular sums of money specified in the bill, it was held to be insufficient for the defendant to refer by his answer to a schedule, containing, as he averred, a full account of all sums of moneys received by him: for, per Lord Thurlow, chancellor, the defen dant is bound to "answer specifically to the specific charge s in the bill," (a) subjecting the question arising upon the case thus made, to the judgment of the court. The answer being engrossed and signed by the parby the party, ty and solicitor and his counsel, is to be sworn to before a master, and filed with the clerk in court. The and sworn to. answer may by consent of parties be taken without oath, but then it must be taken by a master or a commissioner, unless a special order of the court be obtained for dispensing with its being so taken. (b) By the 14th. (c) rule of court the defendant shall have 8. Defendant to six weeks exclusive from the day on which his appearance is required to be entered by the forms of the subpoena, and the time allowed for the service thereof, to answer the complainant's bill, vide title, amendment of pleadings, vide etiam Post, the commission of didimus potestatum to take a defendant's answer. It seems that a general power to act relative to the management of an estate, does not authorize the at have six weeks to answer. torney to put in an answer for his principal to a bill in chancery relative to it, and that answers must be signed by the party, and be put in under oath. (d) The answer of one defendant is no evidence against 4. Answer of his co-defendant. (e) one defendant no evidence against the o An answer to a bill of discovery is evidence for the ther defendant, and unless disproved by two witnesses, must prevail against the allegations in the complainant's bill. (f) Where there is a general denial in the defendant's answer, which is clear and distinct, any ambiguity or apparent evasion in a particular part, will not vitiate or destroy other parts. (g) 5. The whole to be The whole answer is to be taken together, and if any particular part is ambiguous, it ought to be so con- taken together, strued as to comport with the general denial. (ibidem,) fendantsubmits must answer If a defendant submits to answer a bill of discovery, 6. If the de&c. he must answer fully, except in certain cases, as to answer, be where the discovery may lead to criminate him, or fully. where he is a purchaser for a valuable consideration. (h). If the defendant rests himself on a fact, as an objection to a further discovery, it ought to be such a fact, as if true, would at once be a clear, decided and inevitable bar to the plaintiff's demand. (ibidem.) A defendant is bound in his answer to admit or deny all the facts stated in the bill, with all their material circumstances, without any special interrogatories in the bill for that purpose. (ibidem.) The defendant must answer specially to the specific 7. To answer (d) Rodgers and wife v. Cruger, 7 Johns. Rep. 557. (e) Phoenix v. the Assignees of Ingra ham, 5 Johns. Rep. 412. (g) Ibidem. (h) Methodist Episcopal Church and (f) Clason v. Morris, 10 Johns, Rep. others v. Jacques and others, 1 Johns. to specially special charges oharged to be fendant's per charges in the bill, and give the best account he can, so as to enable the plaintiff, if he calls for an account, to possess materials to state an account. (i) Exceptions to an answer for impertinence, as well as insufficiency, are made in writing, and referred at the same time to the master, and are disposed of together. (k) The defendant must answer directly and precisely to every material allegation in the bill, and not by way of a negative pregnant: The charges are not to be answered literally; but the defendant must confess or traverse the substance of each charge positively and with certainty. (1) Particular and precise charges must be answered particularly and precisely, and not generally, though the general answer may amount to a full denial. (ibidem.) 8. If a fact is If a fact is charged to be within the defendant's perwithin the de-sonal knowledge, he must answer positively, and not as sonal know- to his remembrance or belief; and as to facts not ledge. to answer positively. Within his own knowledge, he must answer to information and belief; not as to his information and hearsay, without stating his belief one way or the other. (ibidem.) claiming A party A party claiming relief in equity as a bona fide lief must de-purchaser, must positively and precisely deny all nomy all notice. tice, though it be not charged. (m) If a Feme Covert, who is a defendant, puts in an answer separately from her husband, without leave, the court on motion will quash it. (n) (i) 1 Johns. Ch. Rep. 76. (k) Woods v. Morell and others. 1 Johns. Ch. Rep. 103. (1) Woods v. Morrell and others, 1 Johns. Ch. Rep. 113. (m) Frost and others v. Beekman, 1 John. Ch. Rep. 288. (n) Perine v. Swaine, 1 Johns. Ch. Rep. 24. Of setting down the Cause for hearing upon Bill and Answer. If the plaintiff conceive that the admissions of the defendant's answer are by themselves sufficient to substantiate his case, and entitle him to the decree of the court, he may proceed to set down the cause for hearing on bill and answer, the manner of doing which will be hereafter shown under the proper title; but if the discovery be incomplete, or the allegations of the bill be insufficiently replied to, the plaintiff may take exceptions to the defendant's answer, and pray that it may be rendered more full and particular to the points excepted to. On the other hand, if the answer be impertinent, that is, if it state matter, which does not relate to the cause, or if it state facts which are unconnected with the inquiries of the complainant; or if it be prolix, which is, where there is an unnecessary multiplicity of words to convey the meaning, the answer will be subject to exceptions. Should the exceptions be allowed and confirmed, the party concerned must incur considerable costs; so that to make a full and sufficient answer, and at the same time to avoid impertinence and prolixity, requires some professional skill. If an answer be scandalous, which means abusive, it will also be subject to exceptions, but this is an error which requires no professional skill to avoid, (vide post, exceptions.) When the complainant considers the answer insufficient, this must be taken advantage of by filing exceptions thereto with the clerk. (a) But if the answer be deemed scandalous, or impertinent, the practice is, on motion, to refer it to a master, who thereupon summons the parties, and after hearing them reports thereon. (b) (a) 57 Rule, see also 15 Rule, Bart. 131. 136. (b) 2 Mad. 277. Park. ch. Pr. 11. 10 Of setting for hearing up down the cause on bill and auswer. |