
    Mason v. Mason et al.
    September Term, 1808.
    Equity Practice —Answer Containing Impertinent and Scandalous Matter — Effect.—If an answer contain impertinent or scandalous matter, it will be referred to a Commissioner to expunge such matter, at the costs of the party filing the answer.
    The defendant, James W. Wallace, had filed a very indecent answer, which had not been noticed, until the cause came on to be heard, when his counsel made an apology for himself, and assured the Court that he had not before seen the answer, and that it was in Doctor Wallace’s own hand-writing.
    
      
      See monographic note on “Answers in Equity Pleading” appended to Tate v. Vance, 27 Gratt. 571.
    
   By the Chancellor.

I am perfectly satisfied that the counsel for Doctor Wallace had no hand in drawing his answer; and that the Doctor could not have intended any thing indecorous towards this Court; but yet, his answer cannot be viewed in any other light; and therefore I shall send it to a Commissioner for the purpose of expunging the impertinent and scandalous matter from it, at the costs of the Doctor; and so it was ordered accordingly. At the next term a proper answer was put in, accompanied by an apology from Doctor Wallace, which the Chancellor deemed very sufficient.  