Eaton v. Eaton

Michigan Supreme Court

Eaton v. Eaton

33 Mich. 305, 1876 Mich. LEXIS 43

CourtMichigan Supreme Court

DecidedJanuary 20, 1876

StatusPublished

Cited by1 cases

This text of 33 Mich. 305 (Eaton v. Eaton) 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

Eaton v. Eaton, 33 Mich. 305, 1876 Mich. LEXIS 43 (Mich. 1876).

Pincite

Opinion

The Court

held that the order pro confesso was premature and irregular; that it was not proper to enter such order before the proof of service of the subpoena was made and filed; and that, under the circumstances of this case at least, good practice required an affirmative showing that defendant had not appeared in the cause; that the order pro confesso being irregular, the subsequent steps taken in the cause cannot be sustained.

Decree reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

The Court

held that the order pro confesso was premature and irregular; that it was not proper to enter such order before the proof of service of the subpoena was made and filed; and that, under the circumstances of this case at least, good practice required an affirmative showing that defendant had not appeared in the cause; that the order pro confesso being irregular, the subsequent steps taken in the cause cannot be sustained.

Decree reversed.

Cite This Page — Counsel Stack

Bluebook (online)

33 Mich. 305, 1876 Mich. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-eaton-mich-1876.

Opinion

Related

Cite This Page — Counsel Stack