Winnipissiogee Lake Co. v. Worster
Superior Court of New Hampshire
In Equity. The bill was filed in the clerk’s office on the 18th of April, 1853, and the cause entered in this court at the July term following. At that term the defendant appeared in person, and an order was made that he should answer in ninety days. That order was not complied with ; and at the December term, 1853, a further order was made that the defendant should answer in ninety days, or the bill should be taken pro confesso.
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In Equity. The bill was filed in the clerk’s office on the 18th of April, 1853, and the cause entered in this court at the July term following. At that term the defendant appeared in person, and an order was made that he should answer in ninety days. That order was not complied with ; and at the December term, 1853, a further order was made that the defendant should answer in ninety days, or the bill should be taken pro confesso. No answer was filed according to the order, and at the last July term the bill was taken as confessed. After the bill was taken as confessed, the de» fendant moved…
1Opinion of the CourtEastman, J.
As this case stands, the bill being taken pro confesso, after repeated appearances, the facts alleged by the complainants are all admitted to be true ; and all defects in the mere form and frame of the bill, and in the proceedings prior to the confession, are waived; and the only questions that can arise upon this motion to dismiss, are these — has the court jurisdiction of the parties, and does the bill state a case coming within the principles of equity jurisprudence.
If the defect in regard to the parties is apparent upon the bill, and is vital to its character, the objection may be taken…
2Cases cited13 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Belknap v. TrimbleNew York Court of Chancery · 1831
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Livingston v. LivingstonNew York Court of Chancery · 1822
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