Jenness v. Circuit Judge

Michigan Supreme Court

Jenness v. Circuit Judge

1 McGrath 779, 42 McGrath 469

DecidedJanuary 20, 1880

StatusPublished

This text of 1 McGrath 779 (Jenness 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

Jenness v. Circuit Judge, 1 McGrath 779, 42 McGrath 469 (Mich. 1880).

Pincite

Opinion

To vacate an order setting aside an execution and tbe proceedings bad under it.

Granted January 20, 1880.

One Turrill recovered judgment in tbe Circuit, Court for Lapeer June 1, 1874.

Plaintiff died intestate July 31, 1876, and July 19, 1879, tbe administrators of bis estate caused an execution to issue and a levy and sale thereunder. In April, 1879, tbe judgment debtor moved the court to set aside tbe execution and levy and sale under it, because taken out after tbe plaintiff’s death and without steps to revive.

Held, tbat tbe omission to revive is an irregularity only and may be cured by an order nunc pro tunc.

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To vacate an order setting aside an execution and tbe proceedings bad under it.

Granted January 20, 1880.

One Turrill recovered judgment in tbe Circuit, Court for Lapeer June 1, 1874.

Plaintiff died intestate July 31, 1876, and July 19, 1879, tbe administrators of bis estate caused an execution to issue and a levy and sale thereunder. In April, 1879, tbe judgment debtor moved the court to set aside tbe execution and levy and sale under it, because taken out after tbe plaintiff’s death and without steps to revive.

Held, tbat tbe omission to revive is an irregularity only and may be cured by an order nunc pro tunc.

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Bluebook (online)

1 McGrath 779, 42 McGrath 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenness-v-circuit-judge-mich-1880.