
    Lindsay v. Campbell and Wheeler et al.
    February Term, 1810.
    Equity Practice-Order for Account — Costs.—A defendant, after an order for an account, may move to set it aside and file bis answer, on paying the costs which may have accrued betore the Commissioner.
    In this case the defendant had not answered, and an order had been entered for an account: and now Mr- Thomas Marshall moved for leave to set that order aside, and to file the defendants’ answer.
    
      
      See monographic note on “Costs" appended to Jones v. Tatum, 19 Gratt. 720.
    
   By the Chancellor.

This may be done, upon the payment of any costs which may have accrued before the Commissioner: *and the Chancellor said, that such would be the course of the Court.  