Cases On Equity Pleading And Practice, State And Federal
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225, 228; 1 Daniel's Ch. Prac. 792. The cause is not at issue on the original bill — no replication to the answer having been filed — and the defendant in that bill, under rule 66, might have obtained an order, as of course, for a dismissal of the suit for this reason.
The motion of plaintiffs to dismiss their bill is granted, and the same will be dismissed at their costs. The mo- tion of plaintiffs in the cross-bill for a decree pro con- fesso thereon against the defendants therein named is de...nied. If the defendants in the cross-bill had been served with process, or had voluntarily entered their ap- pearance in the cross-bill, the plaintiffs therein would have been entitled to a decree pro confesso after the lapse of the time allowed defendants by the rules to answer.
The bill and cross-bill in equity do not necessarily con- stitute one suit, and, according to the established prac- tice in equity, the service of a subpoena on the defend- ants in the cross-bill, although they are parties in the original bill, and in court for all the purposes of the orig- inal bill, is necessary to bring them into court on the CROSS-BILiiS 201 oross-bill, unless they voluntarily enter their appearance thereto, which is the usual practice.
What to read after Cases On Equity Pleading And Practice, State And Federal?
You can find similar books in the "Read Also" column, or choose other free books by George Frederick Rush to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
225, 228; 1 Daniel's Ch. Prac. 792. The cause is not at issue on the original bill — no replication to the answer having been filed — and the defendant in that bill, under rule 66, might have obtained an order, as of course, for a dismissal of the suit for this reason.
The motion of plaintiffs to dismiss their bill is granted, and the same will be dismissed at their costs. The mo- tion of plaintiffs in the cross-bill for a decree pro con- fesso thereon against the defendants therein named is de...nied. If the defendants in the cross-bill had been served with process, or had voluntarily entered their ap- pearance in the cross-bill, the plaintiffs therein would have been entitled to a decree pro confesso after the lapse of the time allowed defendants by the rules to answer.
The bill and cross-bill in equity do not necessarily con- stitute one suit, and, according to the established prac- tice in equity, the service of a subpoena on the defend- ants in the cross-bill, although they are parties in the original bill, and in court for all the purposes of the orig- inal bill, is necessary to bring them into court on the CROSS-BILiiS 201 oross-bill, unless they voluntarily enter their appearance thereto, which is the usual practice.
What to read after Cases On Equity Pleading And Practice, State And Federal?
You can find similar books in the "Read Also" column, or choose other free books by George Frederick Rush to read onlineMoreLess
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