Page:Federal Reporter, 1st Series, Volume 2.djvu/28

 C, ST. L. & N. O. R. CO. ti. MACOMB. 21 �tories referred to are undoubtedly broad enough to call for answers as to first mortgage bonds held by Macomb, other than uncertified bonds, and also as to bonds other tban those held by Macomb, certified or uncertified. But I think the plaintiff is entitled to the discovery sought for in both partic- ulars. It is true, it is alleged in the bill that the bonds held by this defendant are uncertified, but on this point the plain- tiff may be misinformed ; and, in fact, the defendant's bonds may be in part certified, and interrogatories are not to be framed and limited upon the theory that everything stated in the bill is precisely and in every detail true. �And, as to the other point, the bill shows such grounds of relief against this defendant and his associates, for alleged fraud in the disposition of these bonds generally, the rights of the complainant not being limited to those held by this defend- ant, that the interrogatories are proper for the purpose of discovering what disposition bas been made of any of that issue of bonds. The point is also made that the prayer for relief is limited to the bonds held by the defendant. But the bill states a case larger than that, and the prayer for gen- erai relief is a prayer for any relief the court can give, except by injunction, upon the facts averred in the bill. Story Eq. PL 4041. �The second, third, fourth, sixth, seventh, eighth, nint'h, tenth, eleventh, twelfth, fifteenth, sixteenth, seventeenth, nineteenth and twentieth demurrers are clearly bad because they do not point out with oertainty the parts of the bill de- murred to. �The fifth demurrer is to "so much and such part of said bill as in the fifth, seventh, nineteenth, twenty-first, twenty- third, twenty-fourth, twenty-fifth, twenty-sixth, twenty-sev- enth and twenty-eighth interrogatories, or elsewhere, seeks that this defendant may answer and set forth the matters, etc., concerning the payment or redemption of any second mortgage bonds, etc., not alleged in the bill, or appearing by this defendant's answer to have been at the time of the com- mencement of this suit or now to be in the hands and pos- session of this defendant. The ground alleged is that no such ����