Heffernan v. Circuit Judge

Michigan Supreme Court

Heffernan v. Circuit Judge

1 McGrath 187

CourtMichigan Supreme Court

DecidedDecember 4, 1896

DocketNo. 15917

StatusPublished

This text of 1 McGrath 187 (Heffernan 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

Heffernan v. Circuit Judge, 1 McGrath 187 (Mich. 1896).

Pincite

Opinion

To vacate an order allowing an appeal from a judgment for defendant rendered by a justice.

Granted December 4, 1896, with costs.

Plaintiff, residing in California, through his attorney sued upon a promissory note. Upon the trial defendant was allowed to add a notice to his plea that he would show a novation and gave testimony supporting such claim. Plaintiff had no notice or knowledge that such a defense would be set up and after judgment plaintiff’s attorney wrote notifying plaintiff of the defense and the result and asked for instructions.

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To vacate an order allowing an appeal from a judgment for defendant rendered by a justice.

Granted December 4, 1896, with costs.

Plaintiff, residing in California, through his attorney sued upon a promissory note. Upon the trial defendant was allowed to add a notice to his plea that he would show a novation and gave testimony supporting such claim. Plaintiff had no notice or knowledge that such a defense would be set up and after judgment plaintiff’s attorney wrote notifying plaintiff of the defense and the result and asked for instructions.

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Bluebook (online)

1 McGrath 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heffernan-v-circuit-judge-mich-1896.