1 Smith & H. 70
Decided May 15, 1848
Indiana Supreme Court · decided 1848-05-15
Rill in chancery against Henderson, Stapleford, and Prichard. It was shown by the record that on the 26th of October, 1844, the complainants appeared, and the defendants, Henderson and Prichard, also appeared. Stapleford, being called, made default, and on motion of the complainants’ solicitor, a demurrer to the bill, which had been filed by Prichard, was overruled, and upon like motion, a plea, which had been filed by Henderson, was rejected.
Relies on Shipley v. Mitchell · Lefavour v. Justice · Shaw v. Parker
Decided 1848-05-15
¶1— It docs not appear that Stapleford had notice of the suit by process or otherwise. It was therefore erroneous to take the bill as confessed against him. Reed v. Glover, 6 Blackf. 345; Shipley v. Mitchell, 7 Blackf. 472.
¶2On overruling a demurrer to the bill, if requested, the court should give the defendants a reasonable time to answer. Lafavor v. Justice, 5 Blackf. 366.
¶3Decree reversed.