A Treatise On the Law of Discovery

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A defendant who, although he has assigned all his interest in the matter of the suit, is accountable to the plaintiff or a co-defendant, cannot shelter himself from answering, by alleging that he has no interest in the matter of the suit (a). If the bill alleges that the defen- dant had set up a claim of interest, and prays relief against him, on the ground that he had rendered the suit necessary by setting up the claim, and the bill con- tains divers allegations in support of that fact, it is
...not sufficient for him to put in what he calls an answer and disclaimer, merely stating that he does not claim and never claimed any interest in the matter, for he must answer every allegation which goes to show that a claim was set up (b).
Although a defendant disclaims all interest in the suit, and his disclaimer is entered by the registrar, the court will retain him on the record, if there be a question whether he has documents relating to the suit in his pos- session, which ought to be delivered up (c).


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