Page:Federal Reporter, 1st Series, Volume 2.djvu/26

 0., ST. L. Se N. 0. B. CO. V. MÀCOMB. 10 �SiJiE— Pbayek for GENERAT. RELIEF.— A prayer for general relief Is a prayer for any relief the court can give, except by injunction, upon the facts averred in the bill. �Bame — Dbmuhreb. — A demurrer relies merely upon matter apparent on the face of' the bill. �Bame — Interrogatory — Answer. — It is the special office of an excep- tion, and net of a demurrer, to raise the question whether an aniiwer to an interrogatory is sufficient. �Demurrers to bill for aiscoverj. �F. N. Bangs, for defendant, �J. Emott, Aslibel Green and J. F. Dillon, for complainant. �Choate, D. j. The complainant, claiming to have Bucceeded to the rights of purchasers under a foreclosure sale in a cer- tain railroad, has brought this bill for disoovery and relief, in respect to certain bonds issued or alleged to have been issued under two earlier mortgages on parts of the road, pray- ing, among other things, that certain of said earlier mortgage bonds, in the possession of the defendants, be delivered up to be cancelled. The bUl also contains a prayer for general relief. �The defendant Macomb has filed an answer, in which he has answered part of the bill. He has also filed 32 demur- rers to different parts of the, bill, and the demurrers have been « argued. �The first demurrer is to "se much and such part of said bill as in the fourth, fifth, sixteenth, eighteenth, twenty-first, fcwenty-third, twenty-fourth, twenty-fifth, twenty-sixth, twenty- seventh and twenty-eighth interrogatories, or elsewhere, seeks that this defendant may answer and set forth the matters as to which he is thereby interrogated of and concerning said first mortgage bonds, etc., not therein and thereby referred to as having been issued without the consent of the trustees in said mortgage, or without the certificate of such trustees." And the special cause of demurrer alleged is that the plain- ti£E has not stated such a case as entitles it to such discovery. �An objection is taken to this demurrer that, even without the addition of the words "or elsewhere," the demurrer would be Bufficiently certain, yet those words make the demurrer bad ����