Bryant v. H. Rosenbaum & Co.
Mississippi Supreme Court
Bryant v. H. Rosenbaum & Co., 62 Miss. 191 (Miss. 1884)
Cooper
Bryant v. H. Rosenbaum & Co.
Opinion of the Court
delivered the opinion of the court.
No bill of exceptions was taken embodying the evidence introduced in support of the motion to set aside the pro confesso. Admitting that the affidavits which appear in the record do not show good cause for setting aside the decree, non constat that there was other testimony offered which warranted such action, and in the absence of an affirmative showing that all the testimony appears in the record, we must, in support of the decree, assume that there was such other evidence.
The decree is affirmed.
Reference
- Full Case Name
- John Bryant v. H. Rosenbaum & Co.
- Cited By
- 1 case
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- Published
- Syllabus
- .Supreme Court Practice. Appeal from order setting aside pro eonfesso in chancery. Absence of bill of exceptions. Presumption. Section 1889 of the Code of 1880 provides that no pro eonfesso on a bill in chancery, taken in pursuance of its provisions, “shall be set aside without good cause shown.” Upon appeal from an order setting aside a pro eonfesso under this statute, if the record contain no hill of exceptions it will be presumed that there was evidence adduced before the Chancellor showing “good cause” for such order, even though the record may contain affidavits-filed in support of the motion for the order which fail to show “good cause.”