Kellogg v. Barnes

Where a part after service of notice of retainer, neglected to appear and oppose, the court say, by not appearing, the party consents to the application. Ekhart vs. Dearman, 2 Caines’ Rep., 3791 Such, also, appears to be tho practice in England.

The defendant may take the order that the injunction be dissolved with costs, stating in the order, however, that no one appeared on the motion to oppose.