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...
|Country of origin:
Robert Treat Whitehouse
||246 x 189 x 23mm (L x W x T)
||Paperback - Trade
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