Bigelow v. Walraven

392 Mich. 566 (1974)

221 N.W.2d 328

BIGELOW

v.

WALRAVEN

No. 5 May Term 1974, Docket Nos. 54,920, 54,921.

Supreme Court of Michigan.

Decided September 6, 1974.

Derrick Eaton, for plaintiffs.

Collison & Fordney, P.C., for defendant Saginaw County Board of Road Commissioners.

LEVIN, J.

My colleague, Mr. Justice THOMAS GILES KAVANAGH, would hold that a trial judge may condition an order setting aside a default, entered following defendant's failure to answer a complaint, on defendant not pleading the statute of limitations.

He states that a condition depriving defendant of the defense of the statute of…