American Sulphite Pulp Co. v. Bayless Pulp & Paper Co.

ARCHBAFD, District Judge.

“The cautious practitioner,” says Mr. Foster (1 Foster’s Fed. Pract. § 143), “will act wisely in eschewing the use of pleas, unless he desires to plead matter in abatement, or in extraordinary cases; for it is as true now as in the time of Beames [Beames on Pleas, 61] that the subject of pleas in equity is one ‘concerning which so much remains to be elucidated, that it may be said of them, maxima pars eorum quae scimus est, minima eorum quae ignoramus.’ ” Something of the same kind no doubt was also in the mind of Vice Chancellor Kindersley when he declared in Hanby…