Aitken v. Chippewa Circuit Judge

Michigan Supreme Court

Aitken v. Chippewa Circuit Judge

109 N.W. 223, 146 Mich. 129, 1906 Mich. LEXIS 872

CourtMichigan Supreme Court

DecidedOctober 19, 1906

DocketCalendar No. 31,834

StatusPublished

Cited by1 cases

This text of 109 N.W. 223 (Aitken v. Chippewa Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aitken v. Chippewa Circuit Judge, 109 N.W. 223, 146 Mich. 129, 1906 Mich. LEXIS 872 (Mich. 1906).

Pincite

Opinion

Per Curiam.

The practice pursued in the circuit did not conform to Chancery Rule 7. The relator is also in fault in failing to move for the vacation of the order setting aside default. The proper practice on defendant’s part would have been to move for extension of time, under Chancery Rule 6. As there is still time to proceed anew under Chancery Rule 7, the defendant can preserve his rights.

This application is denied.

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Per Curiam.

The practice pursued in the circuit did not conform to Chancery Rule 7. The relator is also in fault in failing to move for the vacation of the order setting aside default. The proper practice on defendant’s part would have been to move for extension of time, under Chancery Rule 6. As there is still time to proceed anew under Chancery Rule 7, the defendant can preserve his rights.

This application is denied.

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Bluebook (online)

109 N.W. 223, 146 Mich. 129, 1906 Mich. LEXIS 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aitken-v-chippewa-circuit-judge-mich-1906.

Opinion

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