
    Jacob Lazarus v. Thomas Fleming.
    1826.
    
      Charleston.
    
    The complainant filed a bill to be' relieved from a judgment at law, on the allegation that the caüse action was tainted with usury. The brief stated that the bill was filed the 23d of December 1824. An answer filed the 3d of January 1825; and on the 7th of 1825 his Honour Chancellor De Saussure, without ing into the answer or hearing any evidence, upon the mere statement of the bill, enjoined the defendant from proceeding to collect so much of the judgment as was charged to be usurious, and ordered an issue at law to try the fact of usury, in the face of an existing judgment.
    An order reading aside, to ’ 0Q
    March 1826.
    This decree was appealed from, on the grounds that it was premature ; that the judgment at law was a bar; and that the defendant had a right to be heard on the merits.
    
      Hunt, for the appellant.
    
      Petigru, contra.
   The Court made the following order.

“ Whereas it appears that the order of the Chancellor, directing an issue at law, was made upon hearing the bill alone, without having heard the answer.” It is ordered, that that order be reversed, and that the case be sent back for the further consideration of the Chancellor, upon hearing the bill and answer.

Motion granted.  