Faite v. Hart

Circuit Court of the 10th Circuit of Michigan

Faite v. Hart

1 Mich. N.P. 50

CourtCircuit Court of the 10th Circuit of Michigan

DecidedJune 29, 1869

StatusPublished

This text of 1 Mich. N.P. 50 (Faite v. Hart) 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

Faite v. Hart, 1 Mich. N.P. 50 (Mich. Super. Ct. 1869).

Pincite

Opinion

Sutherland, J.

The same notice of assessment by the Court should be given as is required for assessment by the clerk —though the statute does not in terms require it, 10 Wend, 560.

Before notice can be given of assessment either way, to an attorney who has appeared — § 4426 C. L. — interlocatory judgment must be rendered. C. L. § § 4423, 4437. If fourteen days notice before the term were required, a party could always obtain a delay of a term, by appearing and suffering a default, having no pretence of defence, when he could not do so by pleading. This could not have been the intention of the statute.

Held, that this case is properly noticed. The assessment by the clerk may be made as well out of term as in term, if the case is in condition to be noticed, and the notice may, and should be for the day on which the assessment is intended to be taken. Green's Pr., 304.

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

Sutherland, J.

The same notice of assessment by the Court should be given as is required for assessment by the clerk —though the statute does not in terms require it, 10 Wend, 560.

Before notice can be given of assessment either way, to an attorney who has appeared — § 4426 C. L. — interlocatory judgment must be rendered. C. L. § § 4423, 4437. If fourteen days notice before the term were required, a party could always obtain a delay of a term, by appearing and suffering a default, having no pretence of defence, when he could not do so by pleading. This could not have been the intention of the statute.

Held, that this case is properly noticed. The assessment by the clerk may be made as well out of term as in term, if the case is in condition to be noticed, and the notice may, and should be for the day on which the assessment is intended to be taken. Green's Pr., 304.

Cite This Page — Counsel Stack

Bluebook (online)

1 Mich. N.P. 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faite-v-hart-micirct10-1869.