Stanczuk v. Pfent

Michigan Supreme Court

Stanczuk v. Pfent

231 Mich. 689

CourtMichigan Supreme Court

DecidedJuly 16, 1925

DocketDocket No. 24

StatusPublished

This text of 231 Mich. 689 (Stanczuk v. Pfent) 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

Stanczuk v. Pfent, 231 Mich. 689 (Mich. 1925).

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Opinion

Clark, J.

Suit was commenced by declaration. There was judgment by default. More than six months after entry of default defendant moved to set it aside, showing, as we find, that at the time of entry of default there was not a return of service of the declaration, as the practice requires. 3 Comp. Laws 1915, § 12441. The motion by order was denied. Defendant brings error.

In facts and in applicable law the case is like Whirl v. Reiner, 229 Mich. 114. The default was irregular and, under the holding in the Whirl Case, ought to have been set aside. No other question merits discussion.

The order, the judgment, and the default are set aside, and defendant permitted to plead on terms to be fixed by the trial court, with costs to appellant.

McDonald, C. J., and Bird, Sharpe, Moore, Steere, Fellows, and Wiest, JJ., concurred.

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Clark, J.

Suit was commenced by declaration. There was judgment by default. More than six months after entry of default defendant moved to set it aside, showing, as we find, that at the time of entry of default there was not a return of service of the declaration, as the practice requires. 3 Comp. Laws 1915, § 12441. The motion by order was denied. Defendant brings error.

In facts and in applicable law the case is like Whirl v. Reiner, 229 Mich. 114. The default was irregular and, under the holding in the Whirl Case, ought to have been set aside. No other question merits discussion.

The order, the judgment, and the default are set aside, and defendant permitted to plead on terms to be fixed by the trial court, with costs to appellant.

McDonald, C. J., and Bird, Sharpe, Moore, Steere, Fellows, and Wiest, JJ., concurred.

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Bluebook (online)

231 Mich. 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanczuk-v-pfent-mich-1925.

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