Newbern,

September Term, 1796.

In Equity,

#### SHEPPARD versus COLLINS, & al.

AT March term last, the complainant obtained a rule that the defendant answer within four months.

*57The answer not having been filed within that period, Baker, for the defendant, at this term prayed that it might now be received.

This was strenuously opposed by Woods, for the complainant, who insisted that the defendant should at least pay costs.

But the Court,

M’Coy, J. and Stone, J

ordered the answer to be received.