Stabley v. Reliable Lumber & Wrecking Corp.

Defendant Reliable Lumber & Wrecking Corporation seeks our writ of mandamus, directing the circuit court for the county of Wayne, in chancery, to vacate the order setting aside the default of plaintiff for failure to answer the cross-bill of defendant, order pro confesso entered thereon, hearing had upon proofs, and decree duly granted.

Defendant claims that the mentioned proceedings were regular and plaintiff took no steps to set the default aside within four months from its entry, as required by Court Rule No. 28 (1933), and there being no fraud or charge of that nature involved, the court…