Fidelity Phenix Fire Ins. v. Ford

ON PETITION TO REHEAR.

The conclusion of the court at the hearing appears from the memorandum opinion.

OPINION.

Ford Cantrell recovered upon a policy of insurance in the Chancery Court of Warren County. The bill was filed November 14, 1928, process was issued and served commanding the insurance company to appear and make defense at December rules. A notice was attached to the subpoena to answer, warning the defendant that upon failure to appear pro confesso would be entered on the third Monday in December, a rule day. The pro confesso was not entered then, but on the fourth Monday in February,…