Lyon v. Brooks

2 Edw. Ch. 110 | New York Court of Chancery | 1833

The Vice Chancellor

said: If there were any rule of equity pleading, by which a defendant is precluded from availing himself of matters arising between the filing of the bill and the answer, by way of avoidance or defence, there might be some ground for these exceptions. But there is not; and it certainly cannot be said that the matters set up are foreign to the case.