Bliss v. Fenlater

1 Mich. N.P. 40

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.