Wheeler v. Hatheway
Michigan Supreme Court
Error to Macomb. (Stevens, J.) Scire facias. Defendants bring error. An order pro confesso operates as an admission that complainant may take decree : Griswold, v. Fuller 33 Mich. 271; Hunt v. Wallis 6 Paige 377 ; Stockton v. Williams Har. Oh. 241; Jennison’s Oh. Pr. 277; Chancery Buie 11; Hart v. Lindsay Walk.
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Error to Macomb. (Stevens, J.) Scire facias. Defendants bring error. An order pro confesso operates as an admission that complainant may take decree : Griswold, v. Fuller 33 Mich. 271; Hunt v. Wallis 6 Paige 377 ; Stockton v. Williams Har. Oh. 241; Jennison’s Oh. Pr. 277; Chancery Buie 11; Hart v. Lindsay Walk. Oh. 74; as to defense inuring to benefit of defendants who have let the bill be taken as confessed, see Ruchoz v. Lecour 9 Mich. 234; Emerson v. Atwater 12 Mich. 314; McCabe v. Farnsworth 27 Mich. 52; as to payments made in mistake of fact — in this case upon facts withheld by the…
1Opinion of the CourtCooley, C. J.
This is scire facias upon a judgment rendered upon the bond of James S. P. Hatheway, given as executor and residuary legatee under the will of Gilbert Iiatheway, his father. The purpose of the suit is to recover the balance remaining unpaid of a legacy of ten thousand dollars given by the will to the plaintiff, who was the testator’s daughter. The plaintiff obtained judgment, and the defendants bring the case to this Court by writ of error.
After the executor had given bond as residuary legatee for *79the payment of debts and legacies under the statute, he discovered, as he claims, that he was…
2Cases cited5 opinions
- McGunn. v. HanlinMichigan Supreme Court · 1874
- Durfee v. AbbottMichigan Supreme Court · 1883
- Hatheway v. WeeksMichigan Supreme Court · 1876
- Joslin v. MillspaughMichigan Supreme Court · 1873
- Kinney v. RobisonMichigan Supreme Court · 1884
3Cited by9 opinions
- State Savings Bank v. BuhlMichigan Supreme Court · 1901
- Warren v. Federal Life InsuranceMichigan Supreme Court · 1917
- Lake Gogebic Lumber Co. v. BurnsMichigan Supreme Court · 1951
- United States v. OlmstedCourt of Appeals for the Eighth Circuit · 1902
- Kreamer v. KreamerSupreme Court of Kansas · 1894
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