Cook v. Dews

The Chancellor :

— TMs case comes before me by appeal of the complainant from the ruling of the master setting aside an order pro confesso, and allowing an answer to be filed.

By the positive provision of the Code, § 4369, the complainant is entitled to take the bill for confessed if the defendant fail to appear and defend within the time prescribed bylaw. By § 4420, subsec. 3, the master is authorized “ to set aside the orders pro confesso upon good cause shown, and the filing of a sufficient answer.” He can deprive the complainant of the right acquired under the statute only when the…