Burgard v. Burgard
Michigan Supreme Court
Error to Macomb; Tappan, J., presiding. Trespass vi et armis by Lillian Burgard against Henry Burgard for assault. Defendant suffered default. Judgment for plaintiff. Defendant .moved to vacate the default, and reviews an order denying the motion on writ of error.
1Opinion of the CourtStone, J.
This case presents the sole question whether the circuit court erred in refusing to set aside a default and a default judgment for plaintiff, where the motion was made more than six months after personal service was had upon the defendant, and a judgment had been entered on the strength of the default. The material facts as to the dates are not in dispute. The writ of summons was personally served upon the defendant the same day the writ was issued, viz., May 15, 1911, and his default for not appearing was received, filed, and entered October 18, 1911. Judgment for plaintiff was entered June…
2Cases cited6 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Petley v. Wayne Circuit JudgeMichigan Supreme Court · 1900
- Carpenter v. Judge of Superior Court of Grand RapidsMichigan Supreme Court · 1901
- Caille Bros. v. Saginaw Circuit JudgeMichigan Supreme Court · 1909
- Steele v. BlissMichigan Supreme Court · 1912
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3Cited by6 opinions
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- McCullough v. McCulloughMichigan Supreme Court · 1915
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