Town of Lake Hamilton v. Hughes

BARNS, J.:

Upon the remand of this case upon a former appeal the Chancellor entered the decree now appealed. Appellants submit that this latter decree was rendered without notice to them. The decree is silent in this respect.

Although notice is not always necessary, it may well be stated that in contested adversary proceedings no decree ought to be entered against a party who ought to have notice. Notice should be given in order that there be fair play; that the Chancellor be protected against error; and in order to avoid appeals and reviews.

About three hundred years ago it was provided in…