Scribner v. Doseman

5 Mich. 283, 1858 Mich. LEXIS 44

Opinion

The Coubt held that, in all cases of special motions, notice must be given if the opposite party has appeared in the cause. A plaintiff in error is always in court, and always entitled to notice. Where he does not prosecute his writ by attorney, he is entitled to have notice served upon himself in the manner provided by the Rules. Defendant in error is only entitled to such notice after having appeared.