Schofield v. Horse Springs Cattle Co.
U.S. Circuit Court for the District of Montana
This was a suit by John W. Schofield, receiver of the Albuquerque National Bank of New Mexico, against the Horse Springs Cattle Company, W. B. Slaughter, and D. O. Kyle. A decree pro confesso was entered against all the defendants. Defendant Kyle moves to set the same aside, and for leave to defend.
1Opinion of the Court
KNOWLES, District Judge.
This case is presented to the court on a motion to set a,side a default and decree entered pro confesso therein. The hill of complaint was filed March 2, 3894. On the 5 th day of April, said year, a subpoena was duly issued commanding the said Horse Springs Cattle Company, W. B. Slaughter, and D. C. Kyle to appear on the 7th day of May, 3894, and answer said hill. This subpoena was served on the defendant Kyle on the 10th day of said April, 1894. On the 5th day of April, 3.894, an affidavit was filed showing the nonresidence of the defendants Slaughter and the Horse…
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