Mikesell v. Mikesell

(dissenting). — The question we must answer to dispose of this controversy is simple, id est, did the chancellor abuse his discretion in refusing to set aside a final decree based on a decree pro confesso entered by the clerk while a petition for counsel fees was pending?

On the return, day given in the order of publication, defendant below filed her appearance and also a petition asking for an allowance of counsel fees. She further prayed for temporary alimony and expenses whenever she should file her answer. Six days before the defendant was required to answer, complainant amended the bill…