Bowers v. Chippewa Circuit Judge

Michigan Supreme Court

Bowers v. Chippewa Circuit Judge

99 N.W. 394, 136 Mich. 367, 1904 Mich. LEXIS 707

CourtMichigan Supreme Court

DecidedApril 16, 1904

DocketCalendar No. 20,214

StatusPublished

Cited by1 cases

This text of 99 N.W. 394 (Bowers v. Chippewa 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

Bowers v. Chippewa Circuit Judge, 99 N.W. 394, 136 Mich. 367, 1904 Mich. LEXIS 707 (Mich. 1904).

Pincite

Opinion

Per Curiam.

The question presented is whether, under 'Chancery Bule 16, which authorizes an amendment to a bill of complaint at any time before plea, answer, or demurrer is put in, without leave of court, a bill may be .amended in a pro confesso case after the time limited for .appearance.

We are of the opinion that the rule covers such a case. The defendant, in making default, does so with full knowledge that the rule permits the amendment. The circuit judge refused to recognize such an amendment in the present case. In this he erred.

The writ is granted, without costs.

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Per Curiam.

The question presented is whether, under 'Chancery Bule 16, which authorizes an amendment to a bill of complaint at any time before plea, answer, or demurrer is put in, without leave of court, a bill may be .amended in a pro confesso case after the time limited for .appearance.

We are of the opinion that the rule covers such a case. The defendant, in making default, does so with full knowledge that the rule permits the amendment. The circuit judge refused to recognize such an amendment in the present case. In this he erred.

The writ is granted, without costs.

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Bluebook (online)

99 N.W. 394, 136 Mich. 367, 1904 Mich. LEXIS 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowers-v-chippewa-circuit-judge-mich-1904.

Opinion

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