BILLINGSLEA v. GILBERT. 567

After which a proper and sufficient bond having been filed
and approved, an injunction was granted as prayed, and issued
accordingly.

The defendant Gilbert sent a paper purporting to be his answer
by mail directed to the Chancellor; which, although not sworn to,
was filed, on the 28th of December 1824, as the defendant's
answer. In the month of March 1825 the plaintiff Billingslea
was taken with a severe illness, and his health continued from that
time to be very bad, he being often confined to his bed, and his
mind becoming very much impaired, until the following month of
December, when he died. At the July term of the year 1825, the
defendant entered upon the docket notice of a motion to dissolve
the injunction at the next term, unless cause shewn; and accord-
ingly, after the fourth day of the then next succeeding term, no one
appearing to shew cause, it was dissolved under the rule. After
which, on the 10th of July 1827, it appears by an entry on the
docket, that the suit was dismissed by order of the complainant's
solicitor. On the 7th of April 1829 Elizabeth Billingslea, as admin-
istratrix of the late plaintiff, filed her petition, on oath, stating these
circumstances, and averring, that the dissolution of the injunction
had been obtained by fraudulent practices, and praying that it and
the suit might be reinstated; and for general relief.

7th April, 1829.—BLAND, Chancellor.—Ordered, that the mat-
ter of this petition stand for hearing on the 24th instant; and that
the parties be permitted to take testimony before any justice of the
peace to be read at the hearing on giving two days' notice as
usual; and it is further ordered, that the injunction in the petition
mentioned be and the same is hereby revived until the said hearing
or further order. Provided, that a copy of this order, together
with a copy of the petition be served on Jarvis Gilbert on or
before the fourteenth instant.

After which the case was again brought before the court.

27th April, 1829.—BLAND, Chancellor.—The matter of the peti-
tion of Elizabeth Billingslea standing ready for hearing, and the
solicitors of the parties having been fully heard, the proceedings
were read and considered.

There can be no doubt, that the answer of a defendant may be
received by consent without oath. It is every day's practice to do
so: but the consent of the plaintiff must be expressly given in