State Ex Rel. Fisher v. Rowe

Section 76 (2) of the 1931 Chancery Act (Chapter 14658, Acts of 1931) reads as follows:

“(2) No Notice to Party in Default; No notice of any motion, hearing or any other proceeding under a bill of complaint or under answer asserting a counterclaim and praying affirmative relief shall be required as to a party against whom a decree pro confesso has been taken, and no time need elapse as to any such defaulting party in order to allow the court to proceed with the cause.”

An alternative writ of mandamus was applied for in this cause alleging that respondent M. G. Rowe is the duly qualified and…