O'Donnell v. Wade
Michigan Supreme Court
Appeal from St. Clair; Tappan, J. Bill by Cornelius O’Donnell against Fred B. Wade and Thomas Moore to remove a cloud upon title to land. From a decree dismissing the bill, complainant appeals.
1Opinion of the CourtHooker, J.
Complainant’s bill prays the removal of a cloud upon the title, caused by the levy of a transcript execution upon land. It involves the question whether the justice’s judgment is void or valid.
The grounds upon which it is attacked are:(1) That this complainant, a defendant therein, is not shown to have appeared, and the docket omits to show the hour upon the return day, at which the parties appeared.(2) That it is void as to complainant for the further reasons: a, The docket does not show where and before ‘whom the summons was returnable; b, the docket omits to show where the justice’s office…
2Cases cited2 opinions
- Vroman v. ThompsonMichigan Supreme Court · 1883
- Goodrich v. BurdickMichigan Supreme Court · 1872
3Cited by2 opinions
- Stegeman v. FraserMichigan Supreme Court · 1910
- Charles H. Werner & Sons Co. v. LewisMichigan Supreme Court · 1909