Gillett v. Arnt

Circuit Court of the 10th Circuit of Michigan

Gillett v. Arnt

1 Mich. N.P. 22

CourtCircuit Court of the 10th Circuit of Michigan

DecidedJune 1, 1869

StatusPublished

This text of 1 Mich. N.P. 22 (Gillett v. Arnt) 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

Gillett v. Arnt, 1 Mich. N.P. 22 (Mich. Super. Ct. 1869).

Pincite

Opinion

Sutherland, Judge.

The first default was irregular. It was, however, waived, by service of declaration afterwards ; but the defendant was not obliged to act upon such an implied waiver; he was justified in waiting until the plaintiff should expressly waive it; and the plaintiff could not regularly enter a second default, without giving the defendant twenty days to plead, when no default stood against him.

Default set aside without terms.

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Sutherland, Judge.

The first default was irregular. It was, however, waived, by service of declaration afterwards ; but the defendant was not obliged to act upon such an implied waiver; he was justified in waiting until the plaintiff should expressly waive it; and the plaintiff could not regularly enter a second default, without giving the defendant twenty days to plead, when no default stood against him.

Default set aside without terms.

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Bluebook (online)

1 Mich. N.P. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillett-v-arnt-micirct10-1869.