Opinion
July Term, 1808.
After the answer to an injunction bill has been filed, the bill cannot be amended before the hearing. Affidavits will not be received by the court to support the allegations of an injunction bill.
COMPLAINANTS filed their bills in the Court of Equity for Caswell County, for the purpose of enjoining a judgment at law recovered against them by the defendant. An injunction was granted and the defendant put in his answer. The cause came on to be heard upon the bill and answer, and defendant's counsel moved to dissolve the injunction; the counsel for the complainants moved to amend the bill and also to read to the court sundry affidavits in support of the facts charged in the bill. The defendant's counsel had no previous notice of this motion to amend and read affidavits; and it was referred to this Court to decide whether, upon the hearing of this bill and answer, the Court will allow complainants to amend the bill or to read affidavits of other persons in support of its allegations.
From Caswell.
After the answer to an injunction bill has been filed, the bill cannot be amended before the hearing, particularly, if no previous notice of the amendment be given to the defendants. To permit such amendment would introduce improper delays in injunction causes, and other mischiefs which ought to be avoided. Nor will the Court permit the complainant to support his bill by affidavits of other persons. It has been the constant practice of the Court to decide injunction causes upon the bill and answer; and although, in some instances, this practice may produce an injury to a complainant, (192) it has been found to be salutary. The defendant has a judgment at law, and if he swears away the equity of complainant's bill, the injunction must be dissolved and the law take its course.