Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...sworn to by one or more complainants, is immaterial, as defendant's answer is entitled to the same credit as the bill." An answer must be sworn to in order to be available to defendant on a motion to dissolve, though the bill prays for answer without oath." Before the adoption of the amendment to the forty-first rule in equity, it was a rule under the Federal equity practice, that where the answer was under oath and denied all the equities of the bill, the injunction should be dissolved; but where the oath of the defendant is waived in the bill, his answer, since the amendment, can be used only with the probative force of an afiidavit." Where the complainant waives an answer on oath and relies upon the aflidavits of third persons annexed to the bill to sustain an injunction, in opposition to the defendant's answer on oath, denying the equity of the bill, the defendant, upon an application to dissolve the injunction, may also read the affidavits of third persons in support of his answer." 317_ Evidence admissible on motion to dissolve.-On the hearing to dissolve a temporary injunction, on a motion which was silent concerning the evidence to be ofiered at the hearing, the admission of oral evidence was not error, after both parties prayer in the bill. The court has aflidavits annexed to the bill for the done irreparable wrong which it cannot redress." 94. Lytton v. Steward, 2 Cooper Ch. (Tenn.) 586. 95. Manchester v. Dey, 6 Paige (N. Y.), 295. If an answer on oath has not been waived as to one of the defendants, the complainant upon an application to dissolve the injunction, cannot be permitted to read the purpose of contradicting the positive answer of the defendant on oath. Haight v. Case, 4..."
