Ezell v. Hake

*3250'N PETITION TO BeHEAR.

Petition to rehear has been tiled in which it is complained that the Court erred in not reversing the action of the Chancellor in setting aside pro confesso and permitting Defendant Commissioner to file answer without requiring him to pay costs at that time accrued in the sum of $7. It is apparently the sense of the argument , though not positively stated, that such requirement is mandatory under Code sec. 10456. Petitioner cites no authority for this contention and we have found none in our reports. The strongest expression favorable to petitioner is to be found in…