The answer must state in short and simple form any counter-claim arising out of the transaction which is the subject matter of the suit, and may, without cross-bill, set out any set-off or counter-claim against the plaintiff which might be the subject of an independent suit in equity against him, and such set-off or counter-claim, so set up, shall have the same effect as a cross-suit, so as to enable the court to pronounce a final judgment in the same suit both on the original and cross-claims. The answer must be signed by counsel (Rule 24) but need not be verified unless special relief is sought by it. The rules nowhere in terms require verification of the answer, but it would seem, by analogy to the case of the bill (Rule 25) the answer should be verified when it serves as a cross-bill or prays any special relief. Under Rules 12 and 16 the answer should be filed within twenty days after service of the subpoena "unless the time shall be enlarged for cause shown, by a judge of the court." Under Rule 29 "if the defendant move to dismiss the bill or any part thereof, the motion may be set down for hearing by either party upon five days' notice, and, if it be denied, answer shall be filed within five days thereafter, or a decree pro confesso entered." Rule 32. Answer to amended bill. In every case where an amendment to the bill shall be made after answer filed, the defendant shall put in a new or supplemental answer within ten days after that on which the amendment or amended bill is filed, unless the time is enlarged or otherwise ordered by a judge of the court; and upon his default, the like proceedings may be had as in case of an omission to put in an answer. § 111. Plaintiff's course after answer filed. Usually the plaintiff will not be required to make any formal response to the answer. He may, however, meet the an swer by motion or by reply as set out in Rules 33 and 31, as follows: Rule 33. Testing sufficiency of defense. Exceptions for insufficiency of an answer are abolished. But if an answer set up an affirmative defense, set-off or counterclaim, the plaintiff may, upon five days' notice, or such further time as the court may allow, test the sufficiency of the same by motion to strike out. If found insufficient but amendable the court may allow an amendment upon terms, or strike out the matter. Rule 31. Reply-When required-When cause at issue. Unless the answer assert a set-off or counter-claim, no reply shall be required without special order of the court or judge, but the cause shall be deemed at issue upon the filing of the answer, and any new or affirmative matter therein shall be deemed to be denied by the plaintiff. If the answer include a set-off or counter-claim the party against whom it is asserted shall reply within ten days after the filing of the answer, unless a longer time be allowed by the court or judge. If the counter-claim is one which affects the rights of other defendants they or their solicitors shall be served with a copy of the same within ten days from the filing thereof, and ten days shall be accorded to such defendants for filing a reply. In default of a reply, a decree pro confesso on the counterclaim may be entered as in default of an answer to the bill. § 112. The trial-Evidence. It is provided by statute that "The mode of proof in causes of equity shall be according to rules now or hereafter prescribed by the supreme court, except as herein specially provided."' 11 11-Rev. St. § 862, 3 Fed. St. Ann. 8. There is no jury in an equity suit as in an action at law, but the general rules as to the admissibility of evidence are the same as in law actions. Formerly the evidence was mainly in writing in the form of answers to interrogatories, depositions, documents, the exhibits, etc., but under the new rules the testimony is mostly taken orally in open court as in actions at law. This is provided by Rule 46 as follows: Rule 46. Trial-Testimony usually taken in open court-Rulings on objections to evidence. In all trials in equity the testimony of witnesses shall be taken orally in open court, except as otherwise provided by statute or these rules. The court shall pass upon the admissibility of all evidence offered as in actions at law. When evidence is offered and excluded, and the party against whom the ruling is made excepts thereto at the time, the court shall take and report so much thereof, or make such a statement respecting it, as will clearly show the character of the evidence, the form in which it was offered, the objection made, the ruling, and the exception. If the appellate court shall be of opinion that the evidence should have been admitted, it shall not reverse the decree unless it be clearly of opinion that material prejudice will result from an affirmance, in which event it shall direct such further steps as justice may require. Rule 47. Depositions-To be taken in exceptional instances. The court, upon application of either party, when allowed by statute, or for good and exceptional cause for departing from the general rule, to be shown by affidavit, may permit the deposition of named witnesses, to be used before the court or upon a reference to a master, to be taken before an examiner or other named officer, upon the notice and terms specified in the order. All depositions taken under a statute, or under any such order of the court, shall be taken and filed as follows, unless otherwise ordered by the court or judge for good cause shown: Those of the plaintiff within sixty days from the time the cause is at issue; those of the defendant within thirty days from the expiration of the time for the filing of plaintiff's depositions; and rebutting depositions by either party within twenty days after the time for taking original depositions expires. Further provisions as to the taking of depositions are found in Rules 53, 54 and 55. Rules 50-53 provide for the taking of evidence before an examiner or other like officer. Provision is also made for the filing of interrogatories and the inspection and production of documents (Rule 58), and for the appointment of masters in chancery and the reference of matters to them (Rules 59-68); but "save in matters of account, a reference to a master shall be the exception, not the rule, and shall be made only upon a showing that some exceptional condition requires it" (Rule 59). Rule 56. On expiration of time for depositions, case goes on trial calendar. After the time has elapsed for taking and filing depositions under these rules, the case shall be placed on the trial calendar. Thereafter no further testimony by deposition shall be taken except for some strong reason shown by affidavit. In every such application the reason why the testimony of the witness cannot be had orally on the trial, and why his deposition has not been before taken, shall be set forth, together with the testimony which it is expected the witness will give. § 113. Continuances. The subject of continuances is covered by Rule 57, as follows: Rule 57. Continuances. After a cause shall be placed on the trial calendar it may be passed over to another day of the same term, by consent of counsel or order of the court, but shall not be continued beyond the term save in exceptional cases by order of the court upon good cause shown by affidavit and upon such terms as the court shall in its discretion impose. Continuances beyond the term by consent of the parties shall be allowed on condition only that a stipulation be signed by counsel for all the parties and that all costs incurred theretofore be paid. Thereupon an order shall be entered dropping the case from the trial calendar, subject to reinstatement within one year upon application to the court by either party, in which event it shall be heard at the earliest convenient day. If not so reinstated within the year, the suit shall be dismissed without prejudice to a new one. § 114. Injunctions. The subject of injunctions in the federal courts is regulated quite largely by statute.12 It is provided that "Writs of injunction may be granted by any justice of the Supreme Court in cases where they might be granted by the Supreme Court; and by any judge of a district court in cases where they might be granted by such court." 13 And "whenever notice is given of a motion for an injunction out of a district court, the court or judge thereof may, if there appears to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion; and such order may be granted with or without security, in the discretion of the court or judge.'' 14 § 115. The decree. The court's formal disposition of a cause is embodied in its decree. The rules governing decrees are as follows: 12-For example, see Judicial tax shall be maintained in any Code, § 266. As to injunctions against proceedings in state courts, see Judicial Code, § 265, and ante, $45. Rev. St. § 3224, provides that "No suit for the purpose of restraining the assessment or collection of any court.'' This seems to apply only to |