Denton v. Pettycrew

The order which we deem necessary to enter in this case is distasteful to us. It requires a finding that Judge O’Neill abused his discretion in dismissing a pending case for failure of plaintiff’s counsel to appear. Were the issue confined to the interests of the attorney in the litigation, we would unhesitatingly affirm the trial judge. We deem it prudent, however, to allow plaintiff his day in court.

Except for the applicability of Buie No. 4 of the Saginaw County Circuit Court Buies, even plaintiff’s rights would have been extinguished. The rule is herewith set out:

“Buie 4.

“At least 10 days…