Legal Opinion

Carton v. Day

Michigan Supreme Court

Decided May 26, 1909No. Docket No. 88PublishedCited by 6 opinions

Error to Genesee; Wisner, J. Assumpsit by John J. Carton and Everett L. Bray, copartners as Carton & Bray, against Homer A. Day for services rendered. A judgment for plaintiffs is reviewed by defendant on writ of error.

1Opinion of the CourtHooker, J.

The plaintiffs began their action by summons tested June 15, and returnable July 10, 1908. It was personally served on June 15, and returned June 16, 1908. Declaration was filed on June 22, 1908. On July 1, 1908, defendant’s default for non-appearance was entered, upon filing of the usual affidavit. On July 3, 1908, damages were assessed before the court at $4,531, including some interest. All of these proceedings occurred at the April term of court. On July 16th a motion to set aside the default and judgment and to grant the de*44fendant a trial upon the merits was filed, together with an…

2Cases cited5 opinions

  1. Detzur v. B. Stroh Brewing Co.Michigan Supreme Court · 1899
  2. Fye v. ChapinMichigan Supreme Court · 1899
  3. Shaw v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1900
  4. North Michigan Land & Live Stock Co. v. KneelandMichigan Supreme Court · 1907
  5. Rose v. PalmerMichigan Supreme Court · 1889

3Cited by6 opinions

  1. Decker v. FairMichigan Supreme Court · 1923
  2. Mifflinburg Bank v. BickhartMichigan Supreme Court · 1923
  3. Boynton v. Kent Circuit JudgeMichigan Supreme Court · 1910
  4. McCullough v. McCulloughMichigan Supreme Court · 1915
  5. Sheneman v. ShenemanMichigan Court of Appeals · 1971

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