Dunklee v. Circuit Judge

Michigan Supreme Court

Dunklee v. Circuit Judge

1 McGrath 753

CourtMichigan Supreme Court

DecidedNovember 15, 1893

DocketNo. 13800

StatusPublished

This text of 1 McGrath 753 (Dunklee 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

Dunklee v. Circuit Judge, 1 McGrath 753 (Mich. 1893).

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Opinion

To vacate an order setting aside a judgment on inquest.

Denied November 15, 1893, with costs.

Before judgment was taken defendant’s counsel had appeared before the coui’t and explained to the coui’t his failure to file an affidavit of merits, on the ground of his own illness, but the attorney for plaintiff insisted that delay was prejudicial, inasmuch as the defendant was disposing of his property, whereupon the court permitted plaintiff to take judgment, intimating that he would hear a motion to set aside same. The motion was after-wards made and the judgment vacated.

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To vacate an order setting aside a judgment on inquest.

Denied November 15, 1893, with costs.

Before judgment was taken defendant’s counsel had appeared before the coui’t and explained to the coui’t his failure to file an affidavit of merits, on the ground of his own illness, but the attorney for plaintiff insisted that delay was prejudicial, inasmuch as the defendant was disposing of his property, whereupon the court permitted plaintiff to take judgment, intimating that he would hear a motion to set aside same. The motion was after-wards made and the judgment vacated.

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Bluebook (online)

1 McGrath 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunklee-v-circuit-judge-mich-1893.