¶1(nem. con.) ordered the sale to be set aside, because the decree nisi, notwithstanding the clause in it stating that it should be final nisi the end of the term then next succeeding, did not become absolute until after the sale had been made. Having adopted, as general rules of practice in this court, the rules prescribed by the supreme court of the United States, this court is bound by them, and the defendants had a right to appear according to those rules.
23 F. Cas. 72
Stewart v. Smith
U.S. District Court
Decided May 15, 1825
U.S. District Court · decided 1825-05-15
[This was a bill in equity by Stewart against J. K. Smith and others.] The bill in this cause, was taken for confessed, for want of appearance and answer within three months after filing the bill, according to the 0th rule of the rules of chancery practice, prescribed by the supreme court of the United States for the circuit courts; and an interlocutory decree was passed for a sale of the property, and at the end of the decree it was stated that it would be final, “unless…
Decided 1825-05-15