ANSWER. In Equity Pleading. A defence in writing, made by a defendant to the charges contained in a bill or informa tion filed by the plaintiff against him in a court of equity.
In case relief is sought by the bill, the an. ewer contains both the defendant's defence to the case made by the bill, and the examina tion of the defendant, on oath, as to the facts charged in the bill of which discovery is sought. Gresley, Eq. Ev. 19; Mitford, Eq. P1., Jeremy ed. 15, 16.
2. As to the form of the answer: it usually contains in the following order; the title, specifying which of the defendants it is the answer of and the names of the plaintiffs in the cause in which it is filed as answer, 8 Ves. Ch. 79 ; 11 id.62; 1 Russ. Ch.441 ; see 17 Ala. N. s. 89 ; a reservation to the defendant of all the advantages which might be taken by exception to the bill, which is mainly ef fectual in regard to other suits, Beames, Eq. P1. 46; 1 Hempst. C. C. 715; 4 Md. 107 ; the substance of the answer, according to the de fendant's knowledge, remembrance, informa tion, and belief, in which the matter of the bill, with the interrogatories founded thereon, are answered, one after the other, together with such additional matter as the defendant thinks necessary to bring forward in his de fence, either for the purpose of qualifying or adding to the case made by the bill, or to state a new case on his own behalf; a general traverse or denial of all unlawful combinations charged in the bill, and of all other matters therein contained.
3. The answer must be upon oath of the defendant, or under the seal of a corporation defendant, 21 Ga. 161 ; 1 Barb. N. Y. 22; see 8 Gill, Md. 170 ; unless the plaintiff waives the right, Story, Eq. Plead. 824; 10 Cush. Mass. 58; 2 Gray, Mass. 431 ; in which case it must be generally signed by the defendant, 6 Ves. Ch. 171, 285; 10 id. 441; 14 id. 172; Cooper, Eq. Plead. 326; and must be signed by Story, Eq. Plead. 876; unless taken under a commission. 4 McLean, C. C. 136.
4. As to substance, the answer must be full and perfect to all the material allegations of the bill, confessing and avoiding, denying or traversing, all the material parts, Comyns, Dig.
Chauncery, K. 2; 28 N. H. 440; 6 Rich, Eq. So. C. 1; 10 Ga. 449; 3 id. 302 ; not literally merely, but answering the substance of the charge, Mitford, Eq. Plead. 309; 28 Ala. N. s. 289; 16 Ga. 442; 1 Halst. Ch. N. J. 60; and see 2 Stockt. Ch. N. J. 267; must be re sponsive, 3 Halst. Ch. N. J. 17; 13 Ill. 318; 21 Vt. 326; and must state facts, and not arguiments, directly and without evasion, Story, Eq. Plead. 852; 7 Ind. 661 ; 24 Vt. 70; 4 Ired. Eq. No. C. 390; 9 Mo. 605; with out scandal, 19 Me. 214 ; 18 Ark. 215 ; or im pertinence, 3 Story, C. C. 13; 6 Beay. Rolls, 558; 4 McLean, C. C. 202 ; 8 Blackf. Ind.
124. See 10 Sim. Ch. 345 ; 13 id. 583 ; 17 Eng. L. & Eq. 509; 22 Ala. N. s. 221.
Insufficiency of answer is a ground for ex ception when some material allegation, charge, or interrogatory is unanswered or not freely answered. 1 Md. Ch. Dec. 358; 7 How. 726; 6 Humphr. Tenn. 18. See 10 Humphr. Tenn. 280; 11 Paige, Ch. N.Y. 543.
5. An answer may, in some cases, be amended, 2 Brown, Ch. 143; 2 Yes. Ch. 85; to correct a mistake of fact, Ambl. Ch. 292; 1 P. Will. 297; but not of law, Ambl. Ch. 65; nor any mistake in a material matter except upon evidence of surprise, 36 Me. 124 ; 3 Sumn. C. C. 583 ; 1 Brown, Ch. 319 ; and not, it seems, to the injury of others. Story, Eq. Plead. 904 ; 1 Halst. Ch. N. J. 49. A supplemental an swer may be filed to introduce new matter, 6 McLean, C. C. 459; or correct mistakes, 2 Lolly. Ch. 133; 15 Ala. N. s. 634; 7 Ga. 99; 8 Blackf. Ind. 24; which is considered as forming a part of the original answer. See PISCOVERY; Redesdale, Ch. Plead. 244, 254; Cooper, Eq. Plead. 312, 327; Beames, Eq. Plead. 34; Bouvier, Inst., index.
For an historical account of the instrument, see 2 Brown, Civ. Law 371, n.; Barton, Suit in Eq.
In Practice. The declaration of a fact by a witness after a question has been put, asking for it.