Koonce v. Arnold

LIVINGSTON, Justice.

This appeal is from a decree of the Circuit Court of Lauderdale County, in Equity, entered on March 20, 1942, setting aside a decree pro confesso taken on February 28, 1942.

The cause was submitted here on the merits and motion for writ of mandamus.

Appellant.insists that the lower court erroneously set aside the decree pro confesso because appellee’s motion to that end did not comply with Equity Rule 34, Code of 1940, Title 7, Appendix, page 1079, in that (1) “no proper showing” was made, and (2) the answer filed in connection with the motion was not “full and sufficient,”…