Sanderson v. Bishop
U.S. Circuit Court for the District of Arkansas
In Equity. On special plea. On the 12th of June, 1908, the plaintiff filed a suit at law, in the circuit court of Little River county, Ark., against the above-named defendants, and procured an attachment against certain lands, the alleged property of the defendant Bishop. The defendants being nonresidents, and no service being had, a warning order was issued.
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In Equity. On special plea. On the 12th of June, 1908, the plaintiff filed a suit at law, in the circuit court of Little River county, Ark., against the above-named defendants, and procured an attachment against certain lands, the alleged property of the defendant Bishop. The defendants being nonresidents, and no service being had, a warning order was issued. On July 6, 1908, and before either defendant appeared, an amendment to the complaint was filed, and under the state Code of Procedure the ease was transferred to the equity docket. On July 11, 1908, L. A. Byrne, an attorney of this…
1Opinion of the CourtRogers, District Judge
(after stating the facts as above). 'In the argument counsel for defendant Neff urged the answer was filed before the “special plea” was heard, because, as they supposed, a decree pro confesso could be taken against his client in the absence of an answer. He seems to have overlooked rules 19, 33 and 34 of the Supreme Court of the United States, which clearly indicate the practice. But if a decree pro confesso was proper at all under the condition of the pleading when the answer was filed, it would have been set aside if taken before the hearing of the special plea, certainly on presentation…
2Cases cited7 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Harkness v. HydeSupreme Court of the United States · 1879
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Jones v. AndrewsSupreme Court of the United States · 1870
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3Cited by1 opinion
- Drinkwater v. DrinkwaterDistrict Court, District of Columbia · 1953