York v. Ingham Circuit Judge
Michigan Supreme Court
Mandamus. Relator seeks in this proceeding to set aside the action of respondent in vacating, upon motion, a chancery decree entered by him sixteen months before. In answer to the order to show cause, respondent states that he signed the decree, as he supposed, without reading it, and under an impression that it was satisfactory to counsel for all parties.
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Mandamus. Relator seeks in this proceeding to set aside the action of respondent in vacating, upon motion, a chancery decree entered by him sixteen months before. In answer to the order to show cause, respondent states that he signed the decree, as he supposed, without reading it, and under an impression that it was satisfactory to counsel for all parties. The decree recited that all the material averments of the bill' were true as alleged, but it was also declared to be without prejudice to defendants’ right to file a bill of their own, it being the judge’s opinion that they could not…
1Per curiam
The Court is of opinion that the decree in this case could not properly be thus set aside on mere motion.
The writ will therefore issue, but without prejudice to any right the parties, or any of them, may have had at the time the action complained of was taken, to take proceedings in the regular way.
2Cited by1 opinion
- Vincent v. Benzie Circuit JudgeMichigan Supreme Court · 1905