Cook v. Stutzman

Citations

• 1 Monag. 753
• 15 A. 870
• 1888 Pa. LEXIS 741

Syllabus

<p>A bill in equity was filed in August, 1887, and a decree pro confesso for want of a plea, answer or demurrer was regularly entered in October, 1887. In December following, an answer, denying some of tbe allegations of tbe bill, was filed by one of the defendants, but whether by leave of court or not did not appear. A few days thereafter, the defendants moved to strike off the decree pro confesso. Without disposing of this motion or taking any other action, the court, on Jan. 6, 1888, entered a decree dismissing the bill. Held that the decree dismissing the bill was manifestly erroneous and contrary to equity practice, and that the proceedings should therefore be reversed and the records remitted with instructions to proceed according to equity practice.</p>