Bryant v. H. Rosenbaum & Co.

Citations

• 62 Miss. 191

Syllabus

<p>.Supreme Court Practice. Appeal from order setting aside pro eonfesso in chancery. Absence of bill of exceptions. Presumption.</p> <p>Section 1889 of the Code of 1880 provides that no pro eonfesso on a bill in chancery, taken in pursuance of its provisions, “shall be set aside without good cause shown.” Upon appeal from an order setting aside a pro eonfesso under this statute, if the record contain no hill of exceptions it will be presumed that there was evidence adduced before the Chancellor showing “good cause” for such order, even though the record may contain affidavits-filed in support of the motion for the order which fail to show “good cause.”</p>