18. Reference for impertinence cause against dissolving

injunction.

19. Farther explanatory by leave.

20. Supplemental, permitted with caution.

21. Without oath or attestation of honor.

22. Supplemental.

1. The answer of an administrator to a creditor's bill, stating,
that he believes the debt is due, whether that is suf-
ficient foundation for a decree, quære. Hill v. Binney.
2. General denial not enough: there must be an answer to
the sifting inquiries upon the general question.
3. An insufficient answer is no answer.

4. In a suit for an account an answer, going no farther than
to enable the plaintiff to go into the Master's office, is
not sufficient. He is entitled to the fullest information
the defendants can give by the answer; not by long
schedules, in an oppressive manner, but giving the best
account they can; stating, that it is so; referring to
books, &c. so as to make them part of the answer; and
giving the fullest opportunity of inspection. White v.
Williams.

5. Where an answer is required as evidence upon a trial, the Court, except in a criminal case, does not permit the record itself to go, but an office copy; unless proof of the signature is necessary. Not granted, where the action is by a stranger, unconnected with the suit in equity. Jervis v. White.

6. An answer clearly evasive upon the face of it, and no reason assigned, to be considered in future a contempt. Thomas v. Lethbridge.

7. Answer of a defendant abroad, (not required to be on oath) ordered to be put in by a person, having a general power of attorney to defend suits, &c. without signature. Bayley v. De Walkiers.

8. After a joint answer by husband and wife, and amendment of the bill, the husband going abroad, the wife, being the material party, cannot be brought into contempt without a previous order upon her to answer separately. Order accordingly for a subpoena to her alone. Tarleton v. Dyer.

9. Defendant, though perhaps he might have objected to answer, having answered, compelled to make a full disclosure by production of letters mentioned in a schedule to the answer. Taylor v. Milner.

❤

10. Answer, misnaming the plaintiff, to be considered as no answer the defendant therefore not bound by it; and, a proper answer being put in, the former ordered to be taken off the file by the description of a paper-writing, purporting to be an answer. Griffiths v. Wood.

11. Answer taken off the file and re-sworn, where there is a mere mistake of the name.

Vol. Page

VI. 738

VI. 792 VIII. 88

VIII. 193
I'

VIII. 313

IX. 463

X. 441

X. 442

XI. 41

XI. 62

XI. 63

12. Whether a defendant can by answer refuse the discovery, insisting, that he is not bound to answer, quære (a); but, having giving part of the discovery, he was compelled to answer as to the rest. Dolder v. Lord Hunt

ing field. 13. Whether a defendant can by answer refuse the discovery, insisting that he is not bound to answer, quære. The answer held insufficient; as being argumentative, and not containing positive averment. Faulder v. Stuart. 14. Whether a defendant can by answer refuse the discovery, insisting that he is not bound to answer, quære. v. Ching.

Vol. Page

XI. 283

XI. 296

Shaw

XI. 303

15. Matter in an answer, relevant, according to the case
made by the bill, not scandalous; whatever may be the
nature of it. Lord St. John v. Lady St. John.
16. Where the answer to a bill of discovery only is used as
evidence, the whole must be read. Lady Ormond v.
Hutchinson.

17. Where relief is prayed, and the answer replied to, the
plaintiff reading admissions, must proceed to the com-
pletion of the immediate subject to which the defend-
ant is answering, according to the course of evidence
at law: but this does not apply to distinct matter. Lady
Ormond v. Hutchinson.
18. Motion to refer the answer for impertinence allowed as
cause against dissolving an injunction, upon the terms of
procuring the report in a week. Goodinge v. Woodhams.
19. Farther explanatory answer by leave of the Court.
20. Supplemental answer, substituted lately for liberty to
amend an answer, permitted with great caution; only

on

some strong ground of justice, as fraud; not on negligence; unless the party was led into it; requiring a precise statement of what is to be put on the record. Curling v. Marquis of Townshend.

21. Answer without oath or attestation of honor regarded for the purposes of civil justice as if with that sanction. Curling v. Marquis of Townshend.

22. Ground of the modern practice, permitting a supplemental answer instead of the old practice to amend. See Charge and Discharge 1. 2. 3. Contract (Specific Performance 62.) Copyright 6. Costs 22. Decree (pro confesso 1.) Demurrer 19. Evidence 10. 17. 18. 22, 23. 24. 30. 50. 51. Injunction 20. 59. 63. Issue at Law 2. Pleading 23. 24. 25. (Answer 1.) Practice 12. 13. 50. 66. 67. 82. 87. 90. 104. 108. 109. 120, 145. 147. 151. 154. 164. 165. 175. 177. 195, 199, 200, 215. 223. 224. 227. 242. 245. 248. 249. 261. 272. 273. 283. 284. 314. 328. 330. 346. 347. 350. 359. 361. 367.375.379. Privilege 1: Scandal 1. 11. Tithe 3.

XI. 526

XIII. 47

XIII. 47

XIV. 534

XIX. 584

XIX. 628

XIX. 628

XIX. 631

(a) Since decided in the negative. See the note, Vol. XI. page 295, 2d edit.

7. Production of deeds on appeal from dismissal.

8. Foreclosure not suspended; but time given on terms. Guarded against abuse.

9.

10. Decree not suspended without special ground.

11. To the Lords: cases to be printed forthwith.

12. To the Lords signed by counsel.

13. Distinction, whether before or after process for costs. 14. To the Lords limited.

15. Making a different case, taken off the file.

16. Practice against the Order 1725.

17. Not barred by consent to an order under the decree. 18. May state the grounds in the answer.

19. Not lightly refused.

20. Few cases of proceedings staid, unless irreparable

mischief.

1. An appeal to the House of Lords, does not stay proceeding in the Court below. The Warden and Minor Canons of St. Paul's v. Morris.

2. Whether new evidence can be produced upon an appeal
from the Rolls, quære.

3. Order of the House of Lords, that proceedings under a
decree of a Court of Equity shall not be staid by an
appeal, unless by special order upon application to the
House, or the Court. Huguenin v. Baseley.
4. Execution of a decree not staid by an appeal without a
special order.

5. Decree, generally, not staid by an appeal. Upon special
application, if unsuccessful, costs. Waldo v. Caley.
6. Appeal, generally, does not stay proceedings under a
decree. The costs upon application, follow the judg-
ment, if unfavourable. Willan v. Willan.

IX. 316

XI. 593

XV. 180

XVI. 89

XVI. 206

XVI. 216

XVI. 435

7. Plaintiff, appealing from a decree, dismissing the bill, entitled to the usual order for the production and inspection of deeds. Church v. Barclay.

8. The Court refused to suspend the execution of a decree, obtained by a mortgagee, until six months after hearing an appeal; but gave six months on bringing the money into Court, consenting to a receiver, and paying interest and costs, on plaintiff's undertaking to repay, if the decree should be reversed. Monkhouse v. Corporation of Bedford.

9. Abuse of the right of appeal prevented, not only by costs, but also by requiring the signature of counsel. 10. Decree not suspended by an appeal without a special ground, the subject of discretion. A legacy therefore

XVII. 380

XVII. 381

paid out of Court upon security notwithstanding an
appeal. Way v. Foy.

11. Object and effect of the late Order of the House of Lords, requiring the parties to appeals to print_their cases forthwith; applying generally to all appeals; to check the abuse of appealing merely for delay and

vexation.

12. Signature of counsel on appeal to the House of Lords
equivalent to the certificate on appeal to the Lord
Chancellor.
13. An appeal does not form a ground to stay process for
costs, previously commenced, viz. by subpoena. Dis-
tinction, where the appeal is before any step taken.
Roberts v. Totty.

14. Limit of appeal to the House of Lords.
15. Petition of appeal ordered to be taken off the file with
costs; as upon a different case, and introducing a
variety of representation, not made in the Court below.
Wood v. Griffith.

16. The General Örder 1725, limiting the time for appeal to
one month, cannot prevail against the practice contrary
to it. Wood v. Griffith.

17. Appeal not barred by consent to an order under the decree; but that order ought to be inserted in the petition of appeal. Wood v. Griffith.

Vol. Page

XVIII. 452

XVIII. 453

XVIII. 453

XIX. 446

XIX. 468

XIX. 550

XIX. 550

XIX. 550

19. The right of appeal not to be lightly refused.

18. Petition of appeal may state the grounds in the answer against the decree.

XIX. 551

XIX. 551

20. Few cases of staying proceedings under a decree pending an appeal, unless upon irreparable mischief.

XIX. 551

See Costs 20. Practice 130. 216. 237. 325. Re-hear-
Tenant in Tail 1.

See Vol. I. 447.-II. 269, 380, 437. 594. 606.-III. 220.
300. 503. 506. 551. 650. 738. IV. 343. 719.
V. 71. 164. 266. 508.—VI. 229.—VII. 88. — VIII. 319.
576.-IX. 171. 319.-XI. 656.-XIII. 25. 224. 416.
XIV. 301. 608.-XV. 39.-XVI. 158.-XVII. 26.
263.-XVIII. 192.

APPOINTMENT.

See Contract 72.

Copyhold 17. Devise 7. Dower 8.

Election 11. Evidence 9. Implication 2.
Promotions. Revocation 22. Vested Interest 9.
ing 57. 59. Will 21. 29. 179. 180.

APPORTIONMENT.

1. Rent under lease by rector.

Power.

Vest

2. Land-tax, &c. between tenant for life and remainder.

Vol. Page

3.1 4. S

Annuity.

5. Interest on bond, though a condition for half-yearly

payment.

1. Lease for years by a rector having ceased by his death,
the succeeding incumbent received from the lessee a
sum of money, as the rent due for the whole year, in
the course of which the lessor died. The executor is
entitled to an apportionment; and a demurrer to his
bill was over-ruled. Hawkins v. Kelly.
2. Land-tax, quit rent, &c. not apportioned as between

tenant for life and the remainder. Sutton v. Chaplin.
3. Annuity, secured by bond, payable quarterly, and by
will charged on real estate in aid of the personal estate,
ordered to be paid out of a fund in Court half-yearly,
at Midsummer and Christmas. The annuitant having
died between Lady-day and Midsummer, her repre-
sentative obtained an order for payment of the quarter
to Lady-day. Webb v. Lord Shaftesbury.
4. Interest by will, in the nature of an annuity, not appor-
tioned in favour of the executor of the tenant for life.
Franks v. Noble.

5. Apportionment of interest upon a bond, according to the
general rule, as accruing de die in diem, not as divi-
dend, or rent not provided for by the statute, is not
prevented by the condition, reserving it by equal half-
yearly payments. Banner v. Lowe.

See Charity 61. Copyhold 17. Executor 11. Land-tax 1.
Lease (Renewal.)| Will 292.

APPORTIONMENT of a FINE.
See Will 77.

APPROPRIATION.

1. Not by remittance of certificate of payment into the Company's treasury in India and a Navy Bill indorsed. 1. Certificates of the East India Company, on payment into their treasury in India, and a Navy Bill, remitted indorsed by the testator to his agent in England, being at the time a creditor, if they did not pass at law by the indorsement, were, after the death of both parties, the agent having become bankrupt, held not to pass in equity the inference from the absence of evidence of a specific appropriation being against the assignees; who had obtained possession of all letters, &c. liamson v. Thomson.

See Will 181.

Wil

VIII. 308

X. 66

XI. 361

XII. 484

XIII. 135

XVI. 443