McCall v. Van Dusen
Michigan Supreme Court
Error to St. Clair; Law, J. Assumpsit in justice’s court by Thomas McCall and Fred G. Coburn, copartners as McCall & Company, against John J. Van Dusen for goods sold and delivered. There was judgment for plaintiffs, and defendant took a special appeal to the circuit court. There was an order dismissing the. appeal, and defendant brings error.
1Opinion of the CourtBlair, J.
Plaintiffs sued defendant in assumpsit in justice’s court. On September 27th, the return day of the summons, the parties appeared and joined issue, the defendant pleading the general issue. Defendant asked for an adjournment to October 17th following, which fact was noted upon the justice’s docket, but the docket did not state that this request was granted, nor did it show otherwise the time or place to which the adjournment was ordered. On the 17th of October the defendant did not appear, and the justice corrected his docket, after calling the case) so as to show the time and place of…
2Cases cited1 opinion
- Clute v. EverhartMichigan Supreme Court · 1904
3Cited by1 opinion
- Harding v. WestcottCourt of Appeals for the D.C. Circuit · 1917