
    Lyon v. Brooks.
    
      September, 1833.
    A defendant may set up matter in his answer which has occurred between the filing tile-bill.and the putting in of such answer.
    The bill was filed by one partner against another, praying an account and payment pursuant to the conditions of an award to which they had both submitted. The defendant had put in his answer; but several exceptions for impertinence were taken to it; and the matter of these exceptions now came before the Court upon exception to the master’s report. Two exceptions related to an agreement and payment set forth in the answer and which had occurred subsequent to the filing of the bill.
   The Vice Chancellor

said: If there were any rule of equity pleading, by which a defendant is precluded from availing himself of matters arising between the filing of the bill and the answer, by way of avoidance or defence, there might be some ground for these exceptions. But there is not; and it certainly cannot be said that the matters set up are foreign to the case.  