U. S. Fidelity & Guaranty Co. v. Baird

Citations

• 119 Miss. 648
• 81 So. 483

Syllabus

<p>1. Equity. Decree pro confesso. Vacation. Action against foreign insurance company. Delay in receiving summons.</p> <p>Where, in a suit against a nonresident insurance company, summons was served upon the insurance commissioner, who mailed it at once to the defendant, who in turn immediately mailed it to its attorney in the district embracing the county in which suit was brought, but such attorney on account of delay in the mails and without fault of defendant did not receive the summons until after the day upon which appearance should have been made. In such case, a decree pro confesso and final decree rendered thereon before the attorney had an opportunity to answer should have been set aside by the court in exercise of its discretion, where the motion therefor set up a good defense.</p> <p>2. Equity. Decree pro confesso. Setting aside.</p> <p>While it is not the purpose of the statute nor of the courts, to permit the defendant to be negligent and to unreasonably delay the complainant or plaintiff in a suit in.having his rights adjudicated, yet where it appears that the delay was caused through agencies beyond the control of the defendant, and that justice will be promoted by trying a case upon its merits a decree should be set aside.</p>