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SHEFFIELD FURNACE COMPANY v. WITHEROW

No. 190.

149 U.S. 574 (1893)

13 S.Ct. 936

37 L.Ed. 853

SHEFFIELD FURNACE COMPANY, v. WITHEROW.

Supreme Court of United States.

Decided May 10, 1893.

Attorney(s) appearing for the Case

Mr. T.R. Roulhac, (with whom was Mr. Richard W. Walker on the brief,) and Mr. H.C. Tompkins for appellant.

Mr. Wayne McVeagh and Mr. Henry B. Tompkins, (with whom was Mr. A.H. Wintersteen on the brief,) for appellee.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

Inasmuch as the so-called demurrer was fatally defective in lacking the affidavit of defendant and certificate of counsel, required by rule 31, there was no error in disregarding it, and entering a decree pro confesso at the November rules. Equity Rule 18; National Bank v. Insurance Company, 104 U.S. 54, 76. And such a decree after the...

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