Beals v. Circuit Judge
This text of 1 McGrath 742 (Beals 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.
Opinion
To compel respondent to set aside judgments, where two makers were sued, upon a joint and several promissory note. One defendant signed a cognovit and judgment was entered against him. The other defendant appeared and pleaded the former recovery, and the court held it a bar. Relator asks for a mandamus to set aside both judgments.
Denied April 7, 1892, without costs.
Held, that the first cognovit might properly be treated as a default as to the defendant signing it, under How. Stat. Sec. 7355; that the plaintiff might properly proceed to trial against the other defendant; that the judgment first taken should stand, and that the-Circuit Court would'without doubt set aside the last judgment on proper application.
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Cite This Page — Counsel Stack
1 McGrath 742, 91 McGrath 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beals-v-circuit-judge-mich-1892.