King v. Clark

The Chancellor.

An injunction granted upon a mere bill of discovery to aid a defence at law, is only intended to delay the trial until such discovery can be obtained. It is therefore a matter of course to dissolve the injunction as soon as the answer of the defendant is perfected, whether he admits or denies the facts charged in the bill. As the only object of this bill is to obtain the defendant's answer on oath, to be used on the trial at law, there can be no ground for restraining the party from proceeding at law after the discovery has been obtained.

As a general rule, the defendant who has…