
    Epaphras Miller, vs. Abner Moore, Jun.
    IN CHANCERY.
    
    PRACTICE. — Actual notice to the defendant of the pendency of this suit against him, was proved in Court by the affidavit of a witness, on the fourth day of the term. Whereupon, Mr. Bates entered an appearance for the defendant; but the orator insisted, that, notwithstanding the appearance now entered, he was entitled to a decree, that the bill be taken as confessed, for want of appearance, under the fourth and twenty-fifth’rules of Chancery. — 1 D. Chip. R. 498.
    
      Geo. Chipman, Solicitor for the orator.
   And, by the whole Court — The orator is entitled to his decree, under the fourth rule.  