Arno v. Circuit Judge

Michigan Supreme Court

Arno v. Circuit Judge

1 McGrath 543, 42 McGrath 362

DecidedJanuary 7, 1880

StatusPublished

This text of 1 McGrath 543 (Arno v. 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

Arno v. Circuit Judge, 1 McGrath 543, 42 McGrath 362 (Mich. 1880).

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Opinion

To vacate a default and strike a plea in abatement' from the files.

Granted January 7, 1880.

Relator brought suit under Act. No. 113 of 1877, against a corporation and individual stockholders jointly. The corporation counsel gave plaintiff’s attorneys an oral notice of retainer, but certain attorneys, retained by the stockholders, without giving notice of retainer, pleaded in abatement in the name of the corporation before the corporation counsel had pleaded. The latter afterwards pleaded the general issue. Plaintiffs disregarded the plea in abatement and were defaulted.

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To vacate a default and strike a plea in abatement' from the files.

Granted January 7, 1880.

Relator brought suit under Act. No. 113 of 1877, against a corporation and individual stockholders jointly. The corporation counsel gave plaintiff’s attorneys an oral notice of retainer, but certain attorneys, retained by the stockholders, without giving notice of retainer, pleaded in abatement in the name of the corporation before the corporation counsel had pleaded. The latter afterwards pleaded the general issue. Plaintiffs disregarded the plea in abatement and were defaulted.

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Bluebook (online)

1 McGrath 543, 42 McGrath 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arno-v-circuit-judge-mich-1880.