D. & W. Fuse Co. v. Trumbull Electric Mfg. Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the D. & W. Fuse Company against the Trumbull Electric Manufacturing Company; the Sachs Company, intervening. Application for a decree absolute on a bill taken pro confesso. Denied conditionally.
1Opinion of the Court
WARD, Circuit Judge.
This is an application for a decree absolute upon a bill which has been taken pro confesso.
Judge Wallace held, in Bennett v. Hoefner, 17 Blatchf. 341, Fed. Cas. No. 1,320, that, notwithstanding the provision of Supreme Court equity rule 18 that after the bill is taken pro confesso the case may be proceeded in ex parte, a defendant who had appeared was entitled to notice of entry of decree absolute. Obviously this is to give him an opportunity to ask for any relief he may think himself entitled to.
The bill in this case was filed June 5, 1908, against the Trumbull Company,…
2Cases cited1 opinion
- Bennett v. HoefnerU.S. Circuit Court for the District of Northern New York · 1879