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and Defence Remedial Process

bill, answer and court

REMEDIAL PROCESS, AND DEFENCE. A suit in equity is ordinarily instituted by a com plaint, or petition, called a bill; and the de fendant is served with a writ of summons, requiring him to appear and answer, called a subpoena.

In Pennsylvania the suit is begun by fil ing and serving a copy of the bill, the sub poena having been dispensed with by a rule of court.

The forms of proceedings in equity are such as to bring the rights of all persons interested before the court ; and, as a gen eral rule, all persons interested should be made parties to the bill, either as plaintiffs or defendants.

There may be amendments of the bill ; or a supplemental bill,—which is sometimes necessary when the case is beyond the stage for amendment.

In case the suit fails by the death of the party, there is a bill of revivor, and after the cause is disposed of, there may be a bill of review.

The defence is made by demurrer, plea, or answer.. If the defendant has no interest, he may disclaim. Discovery may be obtained from the plaintiff, and further matter may be introduced, by means of a cross-bill, brought by the defendant against the plain tiff, in order that it may be considered at the same time. Issue is joined by the plain

tiff's filing a replication to the defendant's answer ; Sto. Eq. Pl. § 878 n. But the new Equity Rule 31 (1913) of the United States Supreme Court (33 Sup. Ct. xxvii) does away with a replication unless required by a special order of the court. New or affirma tive matter in the answer is deemed to be de nied by the plaintiff. If the answer includes a set-off or counter-claim, the party against whom it is asserted must reply within 10 days. In some states, as Delaware, the replication is entered as of course without filing; and special replications are now as a rule not used.

The final process is directed by the decree, which being a special judgment can provide relief according to the nature of the case. This is sometimes by a perpetual injunction.

There may be a bill to execute, or to im peach, a decree.