Eaton v. Eaton
Michigan Supreme Court
Appeal in Chancery from St. Clair Circuit. This was a bill for divorce, upon which a decree was granted as prayed, and an appeal taken. The subpoena was personally served. The bill was taken as confessed on October 7, 1875, the order pro confesso being based upon an affidavit of regularity made and sworn to on that day, and merely stating generally that all the proceedings to take the bill as confessed had been regular and according to the rules and practice of the court.
Read the full summary
Appeal in Chancery from St. Clair Circuit. This was a bill for divorce, upon which a decree was granted as prayed, and an appeal taken. The subpoena was personally served. The bill was taken as confessed on October 7, 1875, the order pro confesso being based upon an affidavit of regularity made and sworn to on that day, and merely stating generally that all the proceedings to take the bill as confessed had been regular and according to the rules and practice of the court. The proof of service of the subpoena, however, was by affidavit not sworn to till October 8, 1875, and which was marked…
1Opinion of the Court
The Court
held that the order pro confesso was premature and irregular; that it was not proper to enter such order before the proof of service of the subpoena was made and filed; and that, under the circumstances of this case at least, good practice required an affirmative showing that defendant had not appeared in the cause; that the order pro confesso being irregular, the subsequent steps taken in the cause cannot be sustained.
Decree reversed.
2Cited by1 opinion
- Johnson v. DelbridgeMichigan Supreme Court · 1877