Gray v. Hall

PRESTON, J., Dissenting.

I am unable to concur in the conclusion in this ease. I heartily concur, however, in so much of the opinion as holds the answer on file to be a sufficient traverse of the allegations of the complaint.

The net result of the situation then is that a defendant who has fully answered the plaintiff’s complaint has, without a hearing or a chance to be heard, had his property taken from him by ex parte action of the court. The question may again be stated as follows: Is due process of law satisfied where a defendant has appeared and set up a complete defense to the cause of…