Equity Procedure, Embodying the Principles of Pleading And Practice Applicable to Courts of Equity And Containing Many Precedents of General Practical Utility, Designed to Meet the Demands of Practice in Virginia And West Virginia, And for General Use in

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ed. 268; Puterbaugh Ch. So. Rep. 917.
PI. and Pr. (3d ed.) 169; 1 Beach The plaintiff may have a decree Md. Eq. Pr., sec. 388. on the testimony of a co-defendant, 366 Reynolds vs. Phare, 9 Ala. who stands indifferently liable to 660; Wilkins vs. Woodfin, 5 Munf. both parties to the suit and is an 526 EQUITY PKOCEDUEE.
the oath, is of no greater effect than if it had been put in with- out oath/*" §446. Effect of an answer by an improper party to the suit.
The answer of a party who is only remote
...ly interested in the subject-matter in controversy, and who is not a necessary or proper party to the suit, will not be considered by the court, and hence is not sufEcient to put the plaintiff on proof of his bill, though such answer controvert its allegations.^'* §447. The answer of one defendant, as a rule, not evidence for or against a co-defendant.
It is a well settled general rule, in equity, that an answer to a bill is evidence only as against the party who makes it, and as to the other defendants it is res inter alios acta.^^^ But where indispensable party himself to the bill.


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