Sallee v. Ireland
Michigan Supreme Court
Case made after judgment, from Cass Circuit. Ireland, as purchaser of certain lands on a sale of mortgaged premises under the statute, toot proceedings before the Circuit Court Commissioner, to recover possession thereof. The summons issued by the Commissioner was issued January 9, I860, returnable January 12th, and was served January '10th.
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Case made after judgment, from Cass Circuit. Ireland, as purchaser of certain lands on a sale of mortgaged premises under the statute, toot proceedings before the Circuit Court Commissioner, to recover possession thereof. The summons issued by the Commissioner was issued January 9, I860, returnable January 12th, and was served January '10th. On the return day the defendant appeared, and' moved to quash and dismiss the proceedings, for the reason that there was not a sufficient length of time between the time of the issue and the return, nor between the time of the service and the return of…
1Opinion of the Court
Christiancy J.:
It is objected by the counsel for the complainant, that this case does not appear to have been made and notice thereof served within ten days after notice of judgment, nor that notice was given to appear before the judge who tried the cause to have the case settled according to rule 81 of the Circuit Courts, and that the right to have the case settled is therefore waived under rule 82.
*156It .is a sufficient answer to this objection to say that the want of these prerequisites does not appear. The case appears to be duly signed by the Circuit Judge, and purports to have been settled…
2Cases cited1 opinion
- Chappee v. ThomasMichigan Supreme Court · 1858
3Cited by12 opinions
- Delashman v. BerryMichigan Supreme Court · 1870
- Arnold v. NyeMichigan Supreme Court · 1871
- Read v. RouschSupreme Court of Iowa · 1920
- Farrell v. TaylorMichigan Supreme Court · 1863
- People ex rel. Chaddock v. BarryMichigan Supreme Court · 1892
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