Begole v. Circuit Judge

Michigan Supreme Court

Begole v. Circuit Judge

1 McGrath 735, 32 McGrath 61

DecidedApril 29, 1875

StatusPublished

This text of 1 McGrath 735 (Begole 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

Begole v. Circuit Judge, 1 McGrath 735, 32 McGrath 61 (Mich. 1875).

Pincite

Opinion

To require respondent to set aside a judgment, reinstate the case and hear a motion therein for continuance.

Granted April 29, 1875.

Suit upon a promissory note. Plea, general issue. No affiadavit of merits filed. On the first day of the term relator moved, on affidavits showing the absence of material witnesses, for a continuance; respondent refused to entertain the motion, on the ground that the case had been noticed for inquest, called the case out of its order and judgment was entered for plaintiff.

Held, that a defendant is entitled to produce witnesses on the inquest to show the actual amount due or quantum of recovery.

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To require respondent to set aside a judgment, reinstate the case and hear a motion therein for continuance.

Granted April 29, 1875.

Suit upon a promissory note. Plea, general issue. No affiadavit of merits filed. On the first day of the term relator moved, on affidavits showing the absence of material witnesses, for a continuance; respondent refused to entertain the motion, on the ground that the case had been noticed for inquest, called the case out of its order and judgment was entered for plaintiff.

Held, that a defendant is entitled to produce witnesses on the inquest to show the actual amount due or quantum of recovery.

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Bluebook (online)

1 McGrath 735, 32 McGrath 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/begole-v-circuit-judge-mich-1875.