Carmichael v. Schaefer Heights Land Co.
Michigan Supreme Court
Error to Wayne; Mandell (Henry A.), J. Assumpsit by Edward K. Carmichael against the Schaefer Heights Land Company for breach of a land contract. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtWiest, J.
This suit was commenced by summons, with service thereof upon the secretary of defendant company. Plaintiff duly filed his declaration, claiming damages in the sum of $2,000, and defendant not appearing in the suit, its default was entered in the common rule or default book in the office of the county clerk. Later plaintiff took judgment' for $2,010. More than six months after judgment, defendant moved to have the same set aside, on the grounds that the default, having been entered in the rule book instead of being filed, was void, and the judgment exceeding in amount the ad damnum of the…
2Cases cited4 opinions
- Hines v. DarlingMichigan Supreme Court · 1894
- Hubbell v. PalmerMichigan Supreme Court · 1889
- Tuttle v. WhiteMichigan Supreme Court · 1882
- McCormick Harvesting Machine Co. v. McKeeMichigan Supreme Court · 1883
3Cited by2 opinions
- Lauer v. Eighth Judicial District CourtNevada Supreme Court · 1943
- Westlawn Cemetery Ass'n v. Wayne Circuit JudgeMichigan Supreme Court · 1927