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Fisher v. Taylor

United States District Court, E.D. Tennessee, Southern Division
Oct 4, 1940
1 F.R.D. 448 (E.D. Tenn. 1940)

Summary

holding that "the court has power to enter an order of default and Rule 55 is not a limitation thereof"

Summary of this case from Allstate Prop. & Cas. Ins. Co. v. Haslup

Opinion

         Action by J. Buckner Fisher, receiver of First National Bank of Chattanooga, against Mrs. Z. H. Taylor. On application for judgment by default.

         Decision in accordance with opinion.

          Whitaker & Whitaker, of Chattanooga, Tenn., for plaintiff.

         No attorney for the defendant.


          DARR, District Judge.

         Application is made for judgment by default. It appears in the record that proper service has been had and that the defendant has failed to make any defense within the time provided by law.

          Under Rule 55, Rules of Civil Procedure, 28 U.S.C.A. following section 723c, this default should be entered by the clerk as of course without any application to the court, provided an appropriate affidavit is filed.

          However, the court has power to enter an order of default and Rule 55 is not a limitation thereof.

          If an appropriate affidavit is filed as to the amount due from the defendant to the plaintiff, the matter may be referred to the clerk or presented again to the court.


Summaries of

Fisher v. Taylor

United States District Court, E.D. Tennessee, Southern Division
Oct 4, 1940
1 F.R.D. 448 (E.D. Tenn. 1940)

holding that "the court has power to enter an order of default and Rule 55 is not a limitation thereof"

Summary of this case from Allstate Prop. & Cas. Ins. Co. v. Haslup
Case details for

Fisher v. Taylor

Case Details

Full title:FISHER v. TAYLOR.

Court:United States District Court, E.D. Tennessee, Southern Division

Date published: Oct 4, 1940

Citations

1 F.R.D. 448 (E.D. Tenn. 1940)

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