Legal Opinion

Hallwood Cash Register Co. v. Wayne Circuit Judge

Michigan Supreme Court

Decided February 28, 1905No. Calendar No. 20,855Published

Mandamus by the Hailwood Cash Register Company to-compel Henry A. Mandell, circuit judge of Wayne county, to set aside a default.

1Opinion of the CourtHooker, J.

The defendant attempted to file a plea to the jurisdiction in an action at law, but it was not lawfully verified, owing to an error in the venue, and the failure of the Ohio notary to attach a certificate of his official character. This plea was treated by the plaintiff’s counsel as no plea, and the default of defendant for want of appearance and plea was regularly entered. 1 Green, New Prac. pp. 210, 211, and cases cited.

A motion to set aside this default, and another to set it aside and permit the filing of an amended plea, were made on March 17th. The former was denied, and the latter…

2Cases cited2 opinions

  1. Steel v. Clinton Circuit JudgeMichigan Supreme Court · 1903
  2. Griffin v. WattlesMichigan Supreme Court · 1899

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