fraud  and  combination,  and  the  fact  on  "If  a  plea  is  coupled  with  an  answer
which  the  charge  is  founded."  Desty*s  to  any  part  of  the  bill  covered  by  the  plea.
Fed.  Proced.  (EVact.  Ser.)  p.  695.  and  which  by  the  plea  the  defendant  con-
Rule  33,  U.  S.  Eq.  Rules,  provides  that  sequently  declines  to  answer,  the  plea  will,
"  The  plaintiff  may  set  down  the  demurrer  upon  argument,  be  overruled.  The  reason
or  plea  to  be  argued,  or  he  may  take  issue  of  this  doctrine  is,  tbat  pleas  are  put  in
on  the  plea.  It,  upon  an  issue,  the  facts  ante  litem  contestatem^  because  they  are
stated  in  the  plea  be  determined  for  the  de-  pleas  only  why  the  defendant  should  not
fendant,  they  shall  avail  him  as  far  as  in  answer ;  and  therefore,  if  he  does  answer  to
law  and  equity  they  ought  to  avail  him."  any  thing  to  which  he  may  plead,  he  over-
Desty's  Fed.  Proced.  (Pract.  Series)  p.  rules  his  plea,  for  the  plea  is  only  why  he
696.  should  not  answer ;  and  if  he  answers,  he
Rule  36,  U.  S.  Eq.  Rules,  provides  that  waives  the  objection,  and,  of  course,  his
"No  demurrer  or  plea  shall  be  held  bad  plea."  Joyce  v.  Gunnel,  2  Rich.  Eq.  (S.
and  overruled  upon  argument,  only  because  Car.)  259.
such  demurrer  or  plea  shall  not  cover  so  When  defendant  "  wishes  to  avoid  a  full

much  of  the  bill  as  it  might  t^  law  have  answer,  on  the  ground  that  there  is^  some

extended  to."  Desty's  Fed.  Proced.  (Pract.  fact  which  defeats  the  plaintiff's  equity.
