Field v. Saginaw Circuit Judge
Michigan Supreme Court
Mandamus by Asa W. Field, receiver of the estate of George B. Wiggins, insolvent, to compel Byron A. Snow, circuit judge of Saginaw county, to vacate an order quashing the service and proceedings under a petition filed by relator for an execution for a deficiency arising under a mortgage foreclosure.
1Opinion of the CourtHooker, J.
The petitioner was complainant in foreclosure proceedings wherein John W., John H., and H. Kirk Howry were (among others) defendants. They appeared in the case by resident counsel, who required and 'received a copy of the bill, but did not answer, and a decree was taken pro confesso. This decree recited that they were personally and primarily liable for the debt, and *69that, unless they should pay the same, the premises should be sold, and a report of sale, including any deficiency, should be made by the commissioner. It was further decreed that “the right is reserved to John W. Howry, John H.…
2Cases cited20 opinions
- Miller v. GrandyMichigan Supreme Court · 1865
- Joslin v. Grand Rapids Ice Co.Michigan Supreme Court · 1883
- Corning v. BurtonMichigan Supreme Court · 1894
- Ransom v. SutherlandMichigan Supreme Court · 1881
- Vaughan v. BlackMichigan Supreme Court · 1886
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3Cited by2 opinions
- Field v. HowryMichigan Supreme Court · 1903
- Miller v. McLaughlinMichigan Supreme Court · 1906