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Fifth Circuit· 1/18/1949

Bass v. Hoagland

Citations

  • 172 F.2d 205
  • 1949 U.S. App. LEXIS 2670

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that failure to provide notice under Federal Rule 55 to defaulting party was error and “[t]o get such a judgment without evidence and without notice is not in our opinion due process of law”
  • “The words ‘otherwise defend’ refer to attacks on the service, or motions to dismiss, or for better particulars, and the like, which may prevent default without presently pleading to the merits.”
  • “The words ‘otherwise defend’ refer to attacks on the service, or motions to dismiss, or for better par- ticulars, and the like, which may prevent default without presently pleading to the merits.”
  • “If the plaintiff wished to present it to the court as in default, he was bound to notify the defendant or his counsel three days in advance of the hearing. Rule 55(b)(2
  • “[T]he fact allegations of the answer are to be taken as true, but those of the complaint are taken as true only where and to the extent that they do not conflict with those of the answer.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hutcheson, Sibley, McCord

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.