Haenlein v. Saginaw Building Trades Council

The tie game played by Moody against Carnegie a year ago (356 Mich 434) did but forecast our disagreement in this case.

' Having bumped my own way through this Court’s bulbous verbosity of dissertation, upon the supposed elasticity of time-limitations appearing in Court Rules Nos 28 and 48 (1945), I find the field clear for independent judgment that a personally served defendant (or plaintiff for that matter), seeking by late motion or application to avoid his entered default (on strength of which due proceedings have been taken), may do so only by charging and proving that his litigant…