Sir William Denny Bar. v Filmer

JurisdictionEngland & Wales
Judgment Date01 January 1662
Date01 January 1662
CourtHigh Court of Chancery

English Reports Citation: 21 E.R. 790

LORD CHANCELLOR HYDE, AND LORD CH. JUST. BRIDGMAN.

Sir William Denny Bar
and
Filmer

sir william denny bar. versus filmer. Lord Chancellor Hyde, and Lord Ch. Just. Bridgman. Anno 14 Car. 2 [1662-63]. Bill of Review to reverse a Decree, and the Error assigned was, That the Decree was founded upon a Bill taken pro Confesso, when the Defendants to that Bill were not brought in upon any Contempt. [65] There was a Demurrer to this Bill of Eeview, and in arguing the same it was insisted, That the Decree was regular; for tho' the Defendants were not brought in upon any Process of Contempt, yet they appeared by their Clerk upon Service of a Subpoena, and afterwards moved the Court for a longer Time to put in their Answer than of Course they could have : Which Time was granted. And this was compared to a Judgment at Law by a Default, where after the Defendant hath once appeared, and afterwards makes Default, Judgment shall be enter'd against him. But on the other Side it was insisted, That the Decree was erroneous, and not warranted by any Precedent, because the Defendants were not brought into Court upon any Process of Contempt; neither was any Day assigned to answer before the Bill was taken pro Confesso : And this was alledged to be the constant Course and Rule of the Court. Thereupon it was ordered, That the Defendants should answer by a certain Day, and...

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