Van Renselaer v. Whiting
Michigan Supreme Court
Certiorari to Wayne Circuit. September llth, 1861, Van Renselaer recovered judgment against John L. Whiting and J. Tallman- Whiting, for $2198.83, in an action of assumpsit on the common counts. In December following J. Tallman Whiting made affidavit that he was only justly liable for $798 of the judgment, and explained his failure to make defense in due time; and upon this and others moved that the judgment as to him be vacated.
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Certiorari to Wayne Circuit. September llth, 1861, Van Renselaer recovered judgment against John L. Whiting and J. Tallman- Whiting, for $2198.83, in an action of assumpsit on the common counts. In December following J. Tallman Whiting made affidavit that he was only justly liable for $798 of the judgment, and explained his failure to make defense in due time; and upon this and others moved that the judgment as to him be vacated. The Circuit Court, after hearing the parties, on July 19th, 1862, made the following order: v “A motion to set aside the judgment in this cause having been argued by…
1Opinion of the Court
Martin Ch. J.:
We do not consider it necessary to discuss the question whether certiorari will lie in cases like the present, as upon the merits we think the writ must be dismissed» The effect of vacating the judgment as J. Tallman Whiting was to vacate it as to the other defendant also; and there is now no judgment in the case. The parties have therefore now all the rights in the Circuit Court which they would have in any case of the vacation of a judgment.
Where the Circuit Courts have power to set aside verdicts, grant new trials and vacate judgments, it is a discretionary power, the…
2Cited by8 opinions
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- Sturgis, Cornish & Burn Co. v. MillerNebraska Supreme Court · 1907
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