McFarland v. State Savings Bank

Citations

• 129 F. 244
• 1904 U.S. App. LEXIS 4748

Syllabus

<p>1. Decree Peo Confesso — Vacation.</p> <p>Where a bill was taken pro confesso on demurrers being treated as Insufficient for failure of the parties to make the affidavit required by equity rule 31, but no final decree could have been entered in favor of the complainants until one of the defendants who had not been served had been brought in, and defendants’ failure to have the demurrer verified was the result of a mistake caused by lack of knowledge as to the proper mode of procedure in equity, defendants, on presenting answers on the merits, should be entitled to have the decree pro confesso vacated on payment of the costs of the suit to- the date of their application.</p>