Horace Gray

“ But the oath of the party to its truth in point of fact is added only for the same purpose as the certificate of counsel that in their opinion it is well founded in matter of law, in order to comply with the thirty-first rule in equity, the object to which is to prevent a defendant from delaying or evading the discovery sought, without showing that the plea is worthy of the consideration of the court. ”

“ But the proper office of a plea is not, like an answer, to meet all the allegations of the bill, nor, like a demurrer, admitting those allegations, to deny the equity of the bill, but it is to present some distinct fact, which of itself creates a bar to the suit, or to the part to which the plea applies, and thus to avoid the necessity of making the discovery asked for, and the expense of going into the evidence at large. ”

“ The plaintiff having neither moved to set aside the plea as irregular for want of an answer supporting it, nor set down the case for hearing upon the bill and plea only, but having replied to the plea, and the only issue of fact thus joined having been determined by the evidence in his favor, it is unnecessary to consider whether the averments of fact in the second part of the plea ought to have been supported by an answer, or whether, if proved, they would have made out a defense to the bill. ”