O'Brien v. Lashar
Court of Appeals for the Second Circuit
In Equity. Separate suits by James J. O’Brien against Walter B. Bashar and others and against Percy P. Anderson and others. From a decree dismissing the bills, with leave to amend, plaintiff appeals. On motion to strike out parts of the record.
1Per curiam
December 29, 1919, decrees pro confesso were entered in these causes under equity rule 16 (198 Fed. xxiii, 115 C. C. A. xxiii). The plaintiff’s theory is that, after the decrees pro confesso, the defendants were out of court, and all papers thereafter filed by them were nullities, as were all orders of the court entered upon them.
[1] The earliest period within which any defendant was required to answer was December 12th, on which day the plaintiff’s attorneys extended the time of all the defendants to file “motions to dismiss or answer or other pleadings as they and each of them may see fit,”…
2Cited by2 opinions
- Clifton v. TombCourt of Appeals for the Fourth Circuit · 1927
- Holt v. Gaston County Dyeing Mach. Co.District Court, M.D. North Carolina · 1928