McDowell v. Mecosta Circuit Judge
Michigan Supreme Court
Mandamus by Grant S. McDowell and Bertha B. McDowell against Joseph Barton, Mecosta circuit judge, to require respondent to set aside an order denying relators the right to open a default decree.
1Opinion of the CourtBird, J.
The Mecosta circuit judge denied the petition of relators, which prayed for an opportunity to defend a suit in which they had been made parties defendant, and which had proceeded to a decree based upon their default for want of appearance. They now ask this court for a writ of mandamus to compel the circuit judge to set aside the order, with directions to enter one in accordance with the prayer of the petition.
From the record it appears that on October 5, 1911, one Martin Billings filed his bill of complaint in the Mecosta circuit court, in chancery, to quiet his *105title to certain lands…
2Cases cited2 opinions
- McDonald v. McDonaldMichigan Supreme Court · 1880
- Coffin v. Ontonagon Circuit JudgeMichigan Supreme Court · 1905