When a complainant after the commencement of a term obtained an injunction on a bill returnable to the next term and the defendant moved that the bill and answer might be there read upon an affidavit of the sheriff that he had informed the complainant of his having an execution in his hands against him in time for the bill to have been filed returnable to that term, the Court hesitated to grant the motion, though it was not opposed, but afterwards allowed it.
The Court, WILLIAMS, J., and McCOY, J., seemed averse to granting the motion.
Curia advisari vult.
On the next day they directed the bill and answer to be read; but, as they deemed the equity of the bill not sworn away in the answer, the defendants took nothing by their motion.