Equity Practice, State and Federal; With Statutes, Rules, Forms and Precedents Volume 1 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ... on failure to file answer to interrogatories after answer has been filed to the bill. Rosenau v. Powell, 63 So. 1020 (Ala. 1913). Or for failure to file sufiicient answer after exceptions allowed. See Chapter XIII, Answers, Sections 272 to 276, post, pp. 468 ct seq, and especially the rules and statutes cited in note 96, post, p. 476. 6. Smith v. Mutual, etc., Co., 2 Tenn. Ch. 599 (1876), semble; Hale v. Continental, etc., Co., 20 Fed. 344 (1884). 7. Insurance Co. v. Jenkins, 8 Paige (N. Y.) 589 (1841). But a bill cannot be taken pro confesso for failure to answer immaterial amendments. Black v. Lusk, 69 lll. 70 (1873). Or where the amendments were improper under the rules. International, etc., Co. v. Vause, 55 Fla. 641 (1908). 8. Alabama, Eq. Rules 46, 48; Mississippi, Code, Sec. 595. 9. Dan. Ch. Pr., (6th Am. ed.) 524, citing Jopling v. Stuart, 4 Ves. 619; Bacon v. Grifiith, 4 Ves. 619n., 2 Dick. 473. In Tedder v. Stiles, 16 Ga. 1 (1854), there is a discussion of the question and authorities are cited. A decree pro confesso may be had against a defendant already in court who fails to answer a supplementary bill after a rule for that purpose. Mix v. Beach, 46 Ill. 311 (1867). 10. Florida. Sarasota, etc., Co. v. Lyle, 53 Fla. 1069 (1907). Illinois. Clark v. Hogle, 52 Ill. 427 (1869). Maryland. Hurtt v. Crane, 36 Md. 29 (1872). Michigan. Outhwite v. Porter, 13 Mich. 533 (1865). Mississippi. Chewning v. Nich 189. Several defendants. It is error, of course, to take the bill pro confesso against several defendants when process has been served on only one. The proper mode of procedure when a bill makes a joint charge against several defendants and one of them makes default, is simply to enter a default and a formal...