Jenny v. O'Flynn
Michigan Supreme Court
Appeal from Macomb Circuit in Chancery. The bill was filed by complainants, to foreclose a mortgage given by defendant to them in their representative character. Defendant appeared in person, and filed a general demuixer to the bill. On the 2d of April, 1857, complainants’ solicitor, residing at Mt. Clemens, mailed to defendant, at Detroit, his place of residence, notice of hearing on the demurrer, for the first day of the term commencing on the 7th of that month.
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Appeal from Macomb Circuit in Chancery. The bill was filed by complainants, to foreclose a mortgage given by defendant to them in their representative character. Defendant appeared in person, and filed a general demuixer to the bill. On the 2d of April, 1857, complainants’ solicitor, residing at Mt. Clemens, mailed to defendant, at Detroit, his place of residence, notice of hearing on the demurrer, for the first day of the term commencing on the 7th of that month. On the 9th, defendant not appearing, the Court overruled the demurrer as frivolous; and; on an affidavit, stating on information…
1Opinion of the Court
Campbell J. :
The bill was filed by complainants, to foreclose a mortgage given by defendant to them as administrators. Defendant demurred generally. Notice of hearing was served by mail, from Mt. Clemens, four days before the day of hearing, being a less time than the Rules required. On the 9th of April, 1857, upon proof of this notice, an order was made, overruling the demurrer as frivolous, and ordering a reference to a notary public, on account of the inability of the commissioner to act. On the next day, without any notice to the defendant, the notary made a report, and a final decree was…
2Cited by2 opinions
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- Munch v. ShabelMichigan Supreme Court · 1877