“ We entirely agree with the court below that the facts constituting the cause of action in equity must be distinctly alleged, so that the defendant may know what he has to meet, and so that he may, if he choose, put them in the issue. The rule must receive a reasonable interpretation, and must be so enforced as to further, and not obstruct, the administration of justice. We think the court below erred in holding that there was no sufficient averment as to the time of the discovery by plaintiff of the alleged fraud set forth in the bill, assuming such averment to have been necessary. ”

“ Foxall, 2 Pet. 595, 7 L. ed. 531; Boone v. Chiles, 10 Pet. 177, 9 L. ed. 388; Hobson v. M'Arthur, 16 Pet. 182, 10 L. ed. 930; Hayward v. Eliot Nat. Bank, 96 U.S. 611, 24 L. ed. 855; Georgia v. Stanton, 6 Wall. 50, 18 L. ed. 721, are not opposed to the views just stated. ”