plaint." If two or more defendants join in the same answer, it usually begins, "The joint and several answer; "4 unless they are husband and wife, when it is "The joint answer "5 but an answer is not defective if put in by several as a joint answer merely. When discovery is required, all of the defendants who join in an answer must swear to the same." When the same solicitor is employed for two or more defendants, and separate answers are filed, or other proceedings had by two or more defendants separately, costs are allowed for such separate answers or other proceedings, unless a master, upon reference to him, certifies that such separate answers and other proceedings were necessary or proper, and ought not to have been joined together. A female defendant who has married since the filing of the bill usually begins: "The answer of John Aber and Anna, his wife, lately in the bill called Anna Brown, spinster," or widow, as the case may be. A title, "The several answer of John Peck, Esq., one of the defendants to the bill of complaint of Anna Baines, alias Green, assuming to herself the name of Anna Peck, as pretended wife of John Peck, Esq., deceased, and of Anna Maria Green, assuming to herself the name of Anna Maria Peck, as daughter of the said John Peck, Esq., deceased," was held scandalous.10 An answer by a person defending by guardian or next friend should state that fact: "James Fifield by Edward Jennings, his next friend." When an answer and another pleading are united, it should so state: "The demurrer, plea, and answer of," &c.11 Next followed formerly a clause reserving to the defendant any and all advantages that might be taken by exception to the bill.12 This always was and still is useless,13 although many practitioners still use it. Then comes the substantive part of the answer, setting up the matters of affirmative defense and giving the discovery required.14 The answer usually closes with a general traverse inserted out of abundant caution, denying the unlawful combination charged in the bill, and all other matters therein 3 Daniell's Ch Pr. (5th Am. ed.) 731; Rigby v. Rigby, 9 Beav. 311, 313. 4 Davis v. Davidson, 4 McLean, 136. 5 Daniell's Ch. Pr. (5th Am. ed.) 731. 6 Davis v. Davidson, 4 McLean, 136. 7 Bailey Washing Machine Co. v. Young, 12 Blatchf. 199. 8 Rule 62. 9 Daniell's Ch. Pr. (5th Am. ed.), 731. 10 Peck v. Peck, Mosely, 45. 11 Daniell's Ch. Pr. (5th Am. ed.), 731 12 Mitford's Pl. ch. 2, § 2, part 3. Story's Eq. Pl. § 870. 18 Story's Eq. Pl. § 870; Rules 39, 44. 14 Mitford's Pl. ch. 2, § 2, part 3. contained.15 In the answers of infants and other persons under a disability, the reservation and general traverse have always been deemed properly omitted.16 The answer in such cases generally is that the infant knows nothing of the matter, and therefore neither admits nor denies the charges, but leaves the plaintiff to prove them as he shall be advised, and throws himself on the protection of the court.17 But if such a defendant has any substantive defence, he should plead the same.18 § 151. Signature and Oath to Answer. An answer must be signed by the defendant making it; even, it seems, when an answer under oath has been waived,1 unless he answer by guardian, when the latter should sign it,2 or unless an order has been obtained dispensing with such signature on account of the defendant's absence, or for some other reason. A person answering in a dual capacity need sign but once.* An answer by a corporation must be under its corporate seal.5 In such a case it is advisable to have the seal attested by one of the corporate officers. When an answer is made without oath, the signature of the defendant should also be attested. This is usually done by his solicitor. The answer, unless it is taken by commissioners, should also be signed by counsel.9 Unless an answer under oath is waived in the bill, the defendant, if a natural person, must swear; 10 or, "if conscientiously scrupulous of taking an oath, in lieu thereof make solemn affirmation to the truth of the facts stated by him." 11 The oath or affirmation may be taken before a justice or judge of any court of the United States, or before a commissioner appointed by a Circuit Court to take testimony or depositions, or before a master in chancery appointed by a Cir 15 Mitford's Pl. ch. 2, § 2, part 3; Story's Eq. Pl. § 870. 16 Story's Eq. Pl. § 871. 4 Anon; 2 J. & W. 553. 5 Haight v. Proprietors of the Morris Aqueduct, 4 Wash. 601, 605; Daniell's 17 Chancellor Kent in Mills v. Dennis, Ch. Pr. (5th Am. ed.) 735, and note 2. 3 J. Ch. (N. Y.), 367, 368. 18 Holden v. Hearn, 1 Beav. 445, 455; Lane v. Hardwicke, 9 Beav. 148, 149. § 151. Story's Eq. Pl. § 875; Davis v. Davidson, 4 McLean, 136; Bayley v. De Walkiers, 10 Ves. 441; Fulton Bank v. Beach, 2 Paige (N. Y.), 307; Denison v. Bassford, 7 Paige (N. Y.), 370. 6 Daniell's Ch. Pr. (5th Am. ed.) 735, note 2. 7 Daniell's Ch. Pr. (5th Am. ed.) 738. 8 Daniell's Ch. Pr. (5th Am. ed.) 738. 9 Davis v. Davidson, 4 McLean, 136; Story's Eq. Pl. § 876. 10 Fulton Bank v. Beach, 2 Paige (N. Y.), 307; Daniell's Ch. Pr. (5th Am. 2 Anon; 2 J. & W. 553; Daniell's Ch. ed.) 735. Pr. (5th Am. ed.) 733. 3 Story's Eq. Pl. § 875; — v. Lake, 6 Ves. 171; v. Gwillim, 6 Ves. 285. 11 Rule 91. See U. S. R. S. § 5013. cuit Court, or before a judge of a court of a State or Territory;' or before a notary public, when acting within the limits of their respective jurisdictions.12 An answer can be verified without the United States before commissioners appointed for that purpose; 13 or probably before any secretary of legation or consular officer at the post, port, place, or within the limits of his legation, consulate, or commercial agency.14 The following form of oath or affirmation is given by Daniell in his valuable work on Chancery Practice : "You swear, or solemnly affirm, that what is contained in this your answer (or plea and answer), as far as, concerns your own act and deed, is true to your own knowledge, and that what relates to the act and deed of any other person or persons, you believe to be true." 15 When sworn to in a foreign country, it seems that it must be "administered in the most solemn form observed by the laws and usages" of that country.16 Every alteration and interlineation in the answer should be authenticated by the initials of the officer who administers "the oath." When the verification of an answer is in the form of an affidavit, the name of the defendant making it must be subscribed at the foot of the affidavit. When in the form of a certificate of the officer administering the oath, the defendant's name should be subscribed at the foot of the answer.17 § 152. Motions to take Answers off the File. When an answer is in any respect irregular, or is filed by a person not named as a defendant in the bill,2 or is filed too late, it may upon the plaintiff's motion be taken off the file. This may also be done when the paper purporting to be an answer is so evasive that it is in fact no answer. If it is taken off the file for an error in form, the court may allow the same paper to be corrected, and then filed anew. By setting the cause down for a hearing 12 Rule 59. L.1876, ch 304. 18 Read v. Consequa, 4 Wash. 335. 14 U. S. R. S. § 1750. But see Read v. Consequa, 4 Wash. 335. 16 2 Daniell's Ch. Pr. ch. 15, § 2, p. 270; Story's Eq. Pl. § 872, note 4. 16 Read v. Consequa, 4 Wash. 335. 17 Daniell's Ch. Pr. (5th Am. ed.) 743; Hathaway v. Scott, 11 Paige (N. Y.), 173, 176; Pincers v. Robertson, 9 C. E. Green (24 N. J. Eq.), 348. § 152. 1 Bailey Washing Machine Co. v. Young, 12 Blatchf. 199. 2 Putnam v. New Albany, 4 Biss. 365, 367. 8 Allen v. The Mayor and Board of Education of New York, 18 Blatchf. 239. 4 Tomkin v. Lethbridge, 9 Ves. 178; Smith v. Searle, 14 Ves. 415. 5 Bailey Washing Machine Co. v. Young, 12 Blatchf. 199. upon bill and answer, or by filing exceptions or the general replication, such a defect would be waived. A failure to enter an order taking a bill as confessed, does not authorize the filing of an answer after the prescribed time." § 153. Exceptions for Insufficiency. After an answer is filed on any rule-day, the plaintiff is allowed until the next rule-day to file in the clerk's office exceptions thereto for insufficiency, and no longer, unless a longer time is allowed for the purpose, upon cause shown to the court or a judge thereof; and if no exceptions are filed thereto within that period, the answer is deemed and taken to be sufficient. The time may, however, under extraordinary circumstances be abridged by the court.2 The court may, to avoid delay, allow the bill to be amended, and exceptions to be filed at the same time to the answer to the original bill; requiring the defendant to at once answer the amended bill and the exceptions.3 Exceptions to an answer for insufficiency can be filed after exceptions for impertinence have been filed and disposed of. It seems that, if a plea is ordered to stand for an answer, without leave to accept being granted in the order, no exception for insufficiency can be taken to so much of the answer as is covered by the plea; and that where an answer is accompanied by a demurrer or plea to the discovery, and the complainant excepts to the answer before the other pleading has been disposed of, he thereby admits the latter to be good, and, if set down for argument, it may be stricken off the calendar. In the latter case leave to withdraw the exceptions may be given. exceptions for insufficiency can be filed to the answer of an infant or other person under a disability. It has been held that exceptions will lie for insufficiency, and discovery may be required although an answer under oath is waived. After exceptions for 5 6 Fulton Bank v. Beach, 2 Paige (N. Y.), 307; Glassington v. Thwaites, 2 Russell, 458, 461. 7 Allen v. Mayor, 7 Fed. R. 483. § 153. 1 Rule 61. 2 Read v. Consequa, 4 Wash. 335. 3 Kittredge v. Claremont Bank, Story, 590. No See, however, Darnell v. Reyny, 1 Vern. 344. Boyd v. Mills, 13 Ves. 85. 8 Copeland v. Wheeler, 4 Brown, Ch. C. 256; Lucas v. Lucas, 13 Ves. 274; Micklethwaite v. Atkinson, 1 Collyer, 3 173; Daniell's Ch. Pr. (5th Am. ed.) 169. 4 Patriotic Bank v. Bank of Washington, 5 Cranch C. C. 602. 5 Sellon v. Lewen, 3 P. Wms. 239. 6 Brownell v. Curtis, 10 Paige (N. Y.) 210, 211; Mitf. Pl. ch. 2, § 2, part 3. 9 Uhlmann v. Amholt & Schaeffer Brewing Co., 41 Fed. R. 369; Colgate v. Compagnie Francaise, 23 Fed. R. 82. But see United States v. McLaughlin, 24 Fed. R. 823; McCormick v. Chamberlin, 11 13 insufficiency have been filed, no new exceptions can regularly be added; 10 but leave to amend those on file may under special circumstances be obtained. When defendants answer separately, separate exceptions should be filed to each answer. 12 Exceptions to an answer for insufficiency must be in writing, 18 and signed by counsel.14 It seems that they must specify that the answer excepted to is an answer to the bill.15 They should state the charges in the bill and the interrogatory applicable thereto, to which the exceptionable part of the answer should be addressed, and then state the terms of that part of the answer verbatim, so that the court, without searching the bill and answer throughout, may at once perceive the ground of the exception, and ascertain its sufficiency.16 An exception to an answer, "because, in stating in the said answer what he has been informed of by the said Byam, he does not say whether he actually believes the same to be true," was said to be irregular in form.17 Such an objection, or any irregularity in the form of an exception for insufficiency, can be raised by a motion to take the exception off the file.18 By setting the exception down for a hearing, an objection for irregularity is waived.19 Where exceptions have been filed to an answer for insufficiency, within the period prescribed, if the defendant do not submit to the same and file an amended answer on the next succeeding rule-day, the plaintiff should forthwith set them down for a hearing on the next succeeding rule-day thereafter, before a judge of the court, and should enter, as of course, in the order-book an order for that purpose; and if he do not so set down the same for a hearing, the exceptions are deemed abandoned, and the answer deemed sufficient; but the court or any judge thereof, may, for good cause shown, enlarge the time for filing exceptions or for answering the same, in his discretion, upon such terms as he may deem reasonable.20 It has been said |