Boynton v. Kent Circuit Judge
Michigan Supreme Court
Mandamus by Jeremiah W. Boynton to compel Willis B. Perkins, one of the judges of the circuit court for the county of Kent, to vacate an order denying a motion to open relator’s default, and to vacate his default in an action at law. Preliminary writ allowed September 28, 1910.
1Opinion of the CourtHooker, J.
The relator was defendant in an action upon a promissory note. His appearance was duly entered, and his default for not pleading was properly and seasonably entered. A motion to set aside the default based on his affidavit was denied, and this application is made for a mandamus to compel the circuit judge to vacate and set aside said order, and to make an order vacating the default.
The court heard this application upon affidavits. The plaintiff’s affidavit was the usual formal one, throwing no light upon the questions of fact or law in dispute. Defendant’s affidavit shows how the claim arose,…
2Cases cited2 opinions
- Carton v. DayMichigan Supreme Court · 1909
- Hialey v. Hialey's EstateMichigan Supreme Court · 1909
3Cited by2 opinions
- Detroit Trust Co. v. SosenskyMichigan Supreme Court · 1942
- McCullough v. McCulloughMichigan Supreme Court · 1915