Bate v. M'Laughlin

Opinion of the court was delivered by

Judge Logan.

This was a bill with injunction to stay proceedings on a judgment at law, founded on a note for the payment of money. It will be unnecessary to set forth the equity alleged, as the only points presented proper for the determination of this court, relate to the filing of the answer.

The defendant was a non-resident, against whom an order of publication had been obtained, and having failed to enter his appearance agreeably thereto, his answer at a subsequent term was produced, and with the permission of the court, filed in the absence of the…