EQUITY PLEADING.

THE pleadings in equity are the written statements of the parties, setting out in conformity with certain established rules, the matters and facts relied upon by the respective parties to the suit, in order to maintain or defeat it, or to obtain or prevent the equitable interposition of the Court concerning the relief sought (Story).

A suit in Equity is instituted by a bill, sometimes called a petition; this is a statement of the grounds on which the complainant bases his right to equitable.relief.

Bills are divided into :

I. Bills Original, including all those in which the same persons, having the same interests are first before the Court for determination of rights. Bills Original are: (a) Those praying relief, i. e., seeking for the adjudication upon the merits of the identical suit before the Court to ascertain present existing rights and remedy present wrongs. Technically bills for relief must ask for a decree of Court. Bills praying relief may be

1. For specific performance, i. e., for the execution of a contract.

2. For Partition, i. e., for the severance of joint. estates.

3. Bill of Peace, i. e., for the perpetuation of the general exclusive right in the complainant against numerous parties who dispute it or where the right is claimed by numerous complainants against the defendant.

4. Bill Quia Timet, i. e., for relief against appre-
hended inconvenience, danger or injury.

5. Bill for Foreclosure, i. e., to compel the sale of
mortgaged premises and bar the right of re-
demption.

6. Bill to Redeem, i. e., to compel the mortgagee
to accept payment and reconvey.

7. Bill for Injunction, i. e., to restrain the defend-
ant from committing an irreparable injury or
to compel the performance of some act.

(Each of the above bills prays a decree of the Court touching
some right claimed by the complainant in opposition to the
defendant.)

8. Bill of Interpleader

to determine in whom is the right of passession of personal property. 9. Certiorari Bile., to remove a cause from a lower.to a higher Court. (Seldom used.)

(b) Those not praying relief, i. e., to prevent future
ajprehended injury or affecting suits in the courts
of law. (The distinctions between these and bills
praying relief is not a mere matter of form, but
goes to the life of the bill.) Bills not praying re-
lief are:

1. Bill to Perpetuate Testimony, i. e., to preserve
evidence which is in danger of being lost be-
fore the question now before the Court can be
determined.

2. Bill De Bene Esse, i. e., to preserve evidence
which is in danger of being lost before the
controversy is made the subject of an action.
3. Bill for Discovery, i. e., to compel disclosure of
facts of which the defendant has knowledge,
information or belief or documents in the pos-
session or control of the defendant.

II. Bill not Original, including those in addition to or a
continuance of, an original bill, or both, and relate to

some matter already in controversy between the same parties or their privies. Bills not Original are:

1. Supplemental Bill, i. e., for matter arising subsequently to the commencement of the suit; the matter may give a new interest to a person not a party to the bill, or occasion a change of the interest, or the matter may entitle the complainant to more extensive relief than prayed

for.

2. Bill of Revivor, i. e., in continuance of an orig-
inal bill, when the suit would otherwise abate
by reason of the death of one of the parties or
by the marriage of a female complainant.
3. Bill of Revivor and Supplement, i. e., to revive

the original suit and also to supply defects or
set up new facts which have arisen subsequent
to the filing of the original bill.

III. Other Bills, those which are technically in the nature of original bills not praying relief and which cannot be classified as original bills and bills not original. Other Bills are:

1. Cross Bill, i. e., to secure to the defendant cross relief from the plaintiff or other parties to the suit.

2. Bill of Review, i. e., to correct errors apparent on the face of the decree; also where new matter has come to the knowledge of one of the parties after publication passed; this by leave of Court and only by parties to the record or their privies.

3. Bill in the Nature of Bills of Review, i. e., to

correct errors apparent on the face of the decree after it has been signed and enrolled; this bill is brought by a person not bound by the decree. 4. Bill to Impeach a Decree on the Ground of

Fraud, i. e., to set aside a decree of the Court which has been rendered under a fraud or imposition.

5. Bill to Avoid or Suspend the Execution of a Decree, i. e., to stay the execution of a decree either temporarily or permanently.

6. Bill to Carry a Decree into Execution, i. e., to revive a dormant decree or add new parties after decree signed and enrolled, where the new parties have interests similar to the litigants, or are in privity with them.

7. Bill in the Nature of a Bill of Revivor, i. e., in

continuance of an original bill where the suit has abated by the death of a party or for any other reason, and where the change of interest has taken place by the act of the parties. 8. Bill in the Nature of a Supplemental Bill, i. e., where the interest of a party wholly determines and the property becomes vested in another not claiming through him.

The Parts of a bill are:

1. The Address, containing the title and style of the Court. 2. The Introductory part, containing the names, places of abode, and citizenship of the parties, and the right in which they sue and are sued.

(In present practice the address and introductory parts are considered as one.)

3. The Premises, or stating part, containing the complainant's case.

4. The Confederating Part, containing a statement of conspiracy between the parties defendant and others unknown. (This clause is not generally used.)

5. The Charging Part, containing the pretenses which the complainant supposes the defendant will set up for ex

cuse or justification and then charging other matter to avoid them. (Unnecessary at the present time.) 6. The Jurisdictional Clause, containing an allegation that the acts complained of are contrary to Equity. (Unnecessary at the present time, but the bill as an entirety must show sufficient equity to give the Court jurisdiction.)

7. The Interrogating Part, containing the particular facts concerning which the complainant requires an answer. (The requirements of the particular case must determine whether or not interrogatories shall be propounded.) 8. The Prayer for Relief, which may be special (praying for the particular relief to which the complainant thinks he is entitled), or general (praying for such other and further relief as the Court may think equitable).

9. The Prayer for Process, containing a request for the issuance of the writ of subpoena.

10. Signature of Solicitor as an evidence that the bill is a proper one. (And in Federal Courts the bill must be verified by oath or affirmation of complainant.)

NATURE AND MODES OF DEFENSE.

Defense is either: 1, Peremptory, or 2, Dilatory.

The Modes of Defense are :

1. Disclaimer, wherein the defendant denies that he has any right, title, or interest in the subject matter of the suit, or knowledge, information or belief concerning the

same.

2. Demurrer, which is either general (going to the whole bill and assigning no particular cause) or special (designating the parts of the bill intended to be attacked). A demurrer lies for error apparent on the face of the bill and must be in writing, but causes other than those specified may be argued ore tenus. A demurrer contends that the case as shown in the bill, (admitting it for the