Kendrick v. Ward

On Rehearing.

STAKELY, Justice.

It is urged on application for a rehearing that our original opinion does not sufficiently take into consideration the fact that there was on file in the cause an answer to the original bill. It is further urged that such answer shows a meritorious defense of which the respondent should not be deprived. Accordingly it is insisted that the motion to set aside the decree pro confesso and decree of .sale should have been granted.

We are frank to say that in dealing with the court’s ruling on the motion, we considered matters other than the point now urged. No…