Hurlburt v. Reed
Michigan Supreme Court
Case reserved from Ingham Circuit. Suit was commenced in the Circuit Court, by attachment of real estate, against the defendant, who was a non-resident, and judgment regularly obtained at the April Term, 1857. Defendant had no knowledge of the proceedings until about the twelfth of June, 1857; and, at the earliest opportunity thereafter, which was at the July Term, 1857, on affidavit of these facts, and of a defense on the merits, he made a motion to set aside the judgment…
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Case reserved from Ingham Circuit. Suit was commenced in the Circuit Court, by attachment of real estate, against the defendant, who was a non-resident, and judgment regularly obtained at the April Term, 1857. Defendant had no knowledge of the proceedings until about the twelfth of June, 1857; and, at the earliest opportunity thereafter, which was at the July Term, 1857, on affidavit of these facts, and of a defense on the merits, he made a motion to set aside the judgment and all subsequent proceedings, and for leave to plead. On behalf of plaintiff, it was insisted that his proceedings…
1Opinion of the Court
Manning J.:
The case of Loree vs. Reeves, 2 Mich. 133, we think is in point in this case. We have no doubt that, in a suit commenced by attachment against a non-resident, the Court may, in the exercise of a sound discretion, set aside the judgment, and permit the defendant to plead to the declaration, where he has had no notice of the proceeding against him in season to make his defense, and has been guilty of no laches.
2Cases cited1 opinion
- Loree v. ReevesMichigan Supreme Court · 1851
3Cited by2 opinions
- Nealis v. DicksIndiana Supreme Court · 1880
- Partch v. BairdMichigan Supreme Court · 1924