Bennett v. Hoefner
U.S. Circuit Court for the District of Northern New York
[In equity. Bill by Jacob B. Bennett and others against Anselm Hoefner. Defendant moves to set aside a decree for complainants.
1Opinion of the Court
WALLACE, District Judge.
The motion of the defendant to set aside the decree entered at the June term of this court must be granted, because no notice of an application for such decree was given to the defendant. The order pro confesso was properly entered, but, notwithstanding that, the defendant was entitled to notice of application for the decree. Equity rule 18 provides, that, after the order pro confesso, the cause shall proceed ex parte; but this does not mean without notice to a party who has appeared in the cause. Such party is entitled to notice, and has the right to be heard as to…
2Cited by3 opinions
- Austin v. RileyU.S. Circuit Court for the Southern District of Iowa · 1893
- Southern Pac. R. v. TempleU.S. Circuit Court for the District of Southern California · 1893
- D. & W. Fuse Co. v. Trumbull Electric Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1910