Bliss v. Fenlater

Circuit Court of the 10th Circuit of Michigan

Bliss v. Fenlater

1 Mich. N.P. 40

CourtCircuit Court of the 10th Circuit of Michigan

DecidedJune 15, 1869

StatusPublished

This text of 1 Mich. N.P. 40 (Bliss v. Fenlater) is published on Counsel Stack Legal Research, covering Circuit Court of the 10th Circuit of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bliss v. Fenlater, 1 Mich. N.P. 40 (Mich. Super. Ct. 1869).

Pincite

Opinion

Suterland, J.

Held, That the proceeding, by inquest, is founded on default, and implied absence of a defence. When it is afterwards, within a reasonable time, made to appear that the defendant has a meritorious defence, and the omission to file an affidavit thereof is sufficiently excused, an inquest, like a regular default, may he set aside.

The inquest in this case will he set aside,'on payment of the costs thereof, including the costs of the motion, and an attorney fee of three dollars.

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Suterland, J.

Held, That the proceeding, by inquest, is founded on default, and implied absence of a defence. When it is afterwards, within a reasonable time, made to appear that the defendant has a meritorious defence, and the omission to file an affidavit thereof is sufficiently excused, an inquest, like a regular default, may he set aside.

The inquest in this case will he set aside,'on payment of the costs thereof, including the costs of the motion, and an attorney fee of three dollars.

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Bluebook (online)

1 Mich. N.P. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bliss-v-fenlater-micirct10-1869.