Defendant is deemed to have admitted all well pleaded allegations in the complaint. It was said in Hawkins v. Crook , qua supra , and quoted in 2 Eq. Cas. The strict analogy of this proceeding in actions of law to a general decree pro confesso in equity in favor of the complainant, with a reference to a master to take a necessary account, or to assess unliquidated damages, is obvious and striking. The defendant must establish his excusable neglect, and this he has not yet done. In sum, neither Newberger nor his defense counsel is excused from compliance with the relevant rules of substantive and proce- dural law.
Rules of court are indispensable to the orderly and efficient conduct of a court's business.
They are not to be set aside . Caprice would then be substituted for law. Given that Newberger had no standing, his pleadings were wrongly accepted for filing. Although filed by ministerial error, the motions should not be treated as if they had been properly filed. Courts cannot abandon a plain rule of law at will in order to accomplish what some might think a closer approach to the ideal in a particular case.