Civil Procedure · MBE-tested

Epaphras Miller, vs. Abner Moore, Jun

1 Aik. 216·Vermont Supreme Court·1826·VT

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Opinion

Epaphras Miller, vs. Abner Moore, Jun. IN CHANCERY. PRACTICE. — Actual notice to the defendant of the pendency of this suit against him, was proved in Court by the affidavit of a witness, on the fourth day of the term. Whereupon, Mr. Bates entered an appearance for the defendant; but the orator insisted, that, notwithstanding the appearance now entered, he was entitled to a decree, that the bill be taken as confessed, for want of appearance, under the fourth and twenty-fifth’rules of Chancery. — 1 D. Chip. R. 498. Geo. Chipman, Solicitor for the orator. [MAJORITY] And, by the whole Court — The orator is entitled to his decree, under the fourth rule.