Vohlers v. E. H. Stafford Manufacturing Co.
Michigan Supreme Court
Error to Ionia; Davis, J. Assumpsit by Eugene L. Vohlers against the E. H. Stafford Manufacturing Company. From an order denying defendant’s motion to set aside its default, it brings error.
1Opinion of the CourtStone, J.
This case presents a question of practice under our rules. The case was commenced in the circuit court by summons issued and served on March 2, 1912.
The summons was in the form prescribed by Circuit Court Rule 1, and contained the following provision:
“ Vou are required to have your appearance filed or entered in the cause, in accordance with the rules and practice of the court, in person or by attorney, within fifteen days after service of this summons upon you.”
The rule above referred to provides that:
“ Original writs for the commencement of suit shall notify the defendant to appear in…
2Cases cited12 opinions
- People v. ScottMichigan Supreme Court · 1859
- Harrison v. SagerMichigan Supreme Court · 1873
- Drake v. AndrewsMichigan Supreme Court · 1851
- Borst v. GriffinNew York Supreme Court · 1830
- Charles v. StansburyNew York Supreme Court · 1808
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3Cited by7 opinions
- W. H. Warner Coal Co. v. NelsonMichigan Supreme Court · 1918
- Wilds v. StateSupreme Court of Florida · 1920
- Lambert v. Trenton & Mercer County Traction Corp.Supreme Court of New Jersey · 1926
- Flewelling v. Prima Oil Co.Michigan Supreme Court · 1939
- Levy v. GittelsonMichigan Supreme Court · 1949
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