Wyandotte Rolling Mills Co. v. Robinson
Michigan Supreme Court
Error to Superior Court of Detroit. argued that tbe question of time for appearing and pleading is not one of absolute right, but one of convenience to tbe court, and is not in the domain of those powers which the legislature alone can exercise and cannot delegate: Wayman v. Southard, 10 Wheat., 42; that the legislature can confer upon courts the power to prescribe tbeir own rules of practice: Bank v. Halsted, 10 Wheat., 61; Beers v. Houghton, 9 Pet., 329; and that the rule…
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Error to Superior Court of Detroit. argued that tbe question of time for appearing and pleading is not one of absolute right, but one of convenience to tbe court, and is not in the domain of those powers which the legislature alone can exercise and cannot delegate: Wayman v. Southard, 10 Wheat., 42; that the legislature can confer upon courts the power to prescribe tbeir own rules of practice: Bank v. Halsted, 10 Wheat., 61; Beers v. Houghton, 9 Pet., 329; and that the rule in question comes within this class: Vanata v. Anderson, 3 Bin., 417; Barry v. Randolph, Ib., 277; Dubois v. Turner, 4…
1Opinion of the Court
Graves, J:
The superior court of Detroit having, without the sanction ' of this court, adopted a rule which it construes as authorizing a defendant sued by declaration to be defaulted for want of a plea within ten days after service of declaration, the defendant in error obtained judgment in that court against the company on a ten-day default in a suit so commenced.
The company removed the case to this court by writ of-error, and although a point is made upon the proof of service of the declaration, the only important question is, whether the default in point of law is sufficient to support the…
2Cited by14 opinions
- Buscaino v. RhodesMichigan Supreme Court · 1971
- Nichols v. Judge of Superior CourtMichigan Supreme Court · 1902
- Jones v. Eastern Michigan MotorbusesMichigan Supreme Court · 1939
- Attorney General ex rel. Danhof v. RenihanMichigan Supreme Court · 1915
- People v. WilliamsMichigan Court of Appeals · 1972
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