Final v. Backus
Michigan Supreme Court
Error to Saginaw Circuit. Tbis was an action of trover to recover the value of certain logs. The summons erroneously described the plaintiff as Absolem Baxter. In the declaration the true name was given; to wit, Absalom Backus. The default of plaintiff was duly entered by defendant and made absolute, on the ground that no declaration had been filed corresponding with the title of the plaintiff as described in the summons.
Read the full summary
Error to Saginaw Circuit. Tbis was an action of trover to recover the value of certain logs. The summons erroneously described the plaintiff as Absolem Baxter. In the declaration the true name was given; to wit, Absalom Backus. The default of plaintiff was duly entered by defendant and made absolute, on the ground that no declaration had been filed corresponding with the title of the plaintiff as described in the summons. Subsequently, the Court granted the defendant leave to amend the writ by inserting the true name of plaintiff. The default of plaintiff was thereupon set aside. The cause…
1Opinion of the Court
Cooley Oh. J.
The several errors alleged in this record will be considered somewhat in the order in which the supposed objectionable proceedings took place in the progress of the cause.
The third assignment of error relates to the action of the court in setting aside the default of the plaintiff and the proceedings based thereon.
This action pertains exclusively to the practice of the court, and forms no part of a common law judgment record ; it cannot therefore constitute a ground of allegation of error. — Pearson v. Eaton, recently decided.
The first, second, fourth and fifth assignments of…
2Cases cited10 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- McKee v. . JuddNew York Court of Appeals · 1855
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Kincaid v. HoweMassachusetts Supreme Judicial Court · 1813
- Albers v. WhitneyU.S. Circuit Court for the District of Massachusetts · 1840
5 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Summer v. MitchellSupreme Court of Florida · 1892
- Winchester v. CraigMichigan Supreme Court · 1876
- Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900
41 more not listed; retrieve them via the Exa API.