¶1I can have no doubt of it; the exhibits are matters entirely of evidence : they come properly for the consideration of the Court at the final hearing, and have no connection with the taking of the pro confesso. That can always be taken, upon service of process, or the appearance of the party, in the mode prescribed by law.
1 S. & M. 124
Gwin v. Stone
Decided January 15, 1844
Mississippi Chancery Courts · decided 1844-01-15
In this case the bill had- been filed without its exhibits ; on the return of process “ executed,” the complainant took the bill for confessed, and a motion was made to set aside the pro confesso, upon affidavit. Judge Thompson, however, desirous of settling a point of practice, inquired whether a party complainant-has a right to take a pro confesso before the exhibits to his bill are filed ?
Decided 1844-01-15