Walters v. Arenac Circuit Judge

{dissenting). This matter is before us on an order to show cause why a writ of superintending control in the nature of mandamus should not issue directing the circuit judge to reinstate a default regularly entered by plaintiffs against the named defendant in an action in the circuit court for the county of Arenac.

Plaintiffs began their action in the original case by issuance of summons on May 27, 1961. Defendant therein was personally served on June 2, 1961. Plaintiffs filed their declaration on June 9,1961, and on June 30,1961, defendant was defaulted for failure to appear and answer. We are…