Smith v. Cozart

Citations

• 45 Miss. 698

Syllabus

<p>1. Chancery court—equity pleading and practice—pro coneesso.— The chancery court cannot grant a pro confesso while pleas to the bill are pending.</p> <p>2. Same — same—duty oe defendant who pleads to bill. —It is not the duty of a defendant, who pleads to a bill, to set down his pleas for hearing.</p> <p>3. Same —same—duty of complainant when pleas are filed.—When pleas are filed to a bill it is the place of the complainant to test their sufficiency in law, or by issue, put them on proof.</p> <p>. i. Same — same — neglect on fart of complainant and effect thereof. —Where two pleas to a bill remained a year unnoticed by complainant, and he then moved for a pro confesso, which was refused, and on motion of defendants to discontinue suit and dismiss the bill, he still failed to answer the pleas, and in consequence his bill was dismissed, the decree dismissing the bill is affirmed.</p> <p>5. Same—same—pro coneesso, where the pleas are frivolous.— Where the pleas to a bill are manifestly frivolous, the chancellor may set them aside and grant a pro confesso.</p>