Failure of Third Person to Appear

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If such third person is a nonresident or unknown, publication shall be made as in other cases against nonresidents; and, on the nonresident's failing to appear and answer according to the requirements of the order of publication, the petition or bill may be taken for confessed, and proceeded with ex parte.

Code 1858, § 3573 (deriv. Acts 1831, ch. 51, § 5); Shan., § 5337; Code 1932, § 9497; T.C.A. (orig. ed.), § 23-2005.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 510.

Collateral References. 55 C.J.S. Mandamus §§ 83, 308, 340.


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