Noah Haynes Swayne

“ To revoke the first decree because he had been ignorant of the filing of the amended bill, and, hence, had made no defence, and then to renew it without giving him an opportunity to be heard, was, to say the least, a singular anomaly. So far as he was concerned the claim as to the rent and the furniture rested upon exactly the same foundation. If it was proper that he should be heard as to one it was equally so that he should be heard as to the other. ”

“ In the English practice the complainant is required to serve a copy of the amendment upon the solicitor of the defendant, [10] but this, it is believed, is rarely if ever done in the courts of the States, unless required by an established rule of practice or a special order in the case. ”

“ In the courts of the United States the subject is regulated by the twenty-eighth rule of equity practice. The State court, by an order of the 23d of December, 1869, directed an issue to be tried as to the furniture, and gave Stewart leave to answer the amended bill. ”