Central Foundry Co. v. Benderson

On the Merits

A decree pro confesso admits the facts alleged in the bill. It does not admit that the facts alleged authorize equitable relief. It does not admit that the facts give the court jurisdiction of the subject matter and does not consent for the relief to be granted. In other words, when the bill does not contain sufficient averments to give it equity and to authorize the relief prayed, even though no defense is made and the averments of the bill are taken as confessed, the trial court should not grant relief to the complainant. Collier v. Collier, 274 Ala. 131, 145 So.2d 821. See…