Pearsons v. Eaton
Michigan Supreme Court
Error to "Washtenaw Circuit. This was an action of Eepleyin to recover the possession of certain personal property. After filing a declaration in the causó, and after several continuances and notices of trial, the plaintiff below entered the default of defendant for want of a plea, and subsequently moved to strike the case from the docket for the same reason.
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Error to "Washtenaw Circuit. This was an action of Eepleyin to recover the possession of certain personal property. After filing a declaration in the causó, and after several continuances and notices of trial, the plaintiff below entered the default of defendant for want of a plea, and subsequently moved to strike the case from the docket for the same reason. The Court below ruled that both parties having treated the cause as at issue, it was too late for the plaintiff to deny the fact. Subsequently, on motion of defendant’s counsel, it was ordered that the plea of the general issue be filed…
1Opinion of the Court
Graves J.
Error is assigned in this case upon four grounds, namely:
First: That the Court made an order on the 20th of January, 1868, reciting the loss of the files, and allowing the plea of the general issue to be filed on the exparte motion of the defendant in error.
Second: In giving judgment of non-suit when default for want of a plea had been theretofore regularly taken of record, and never opened or set aside, and when no plea had been legally filed or served.
Third: In the assessment of damages and,
Fourth: In vacating the order setting aside the judgment of non-suit and restoring that…
2Cited by3 opinions
- Polhemus v. Ann Arbor Savings BankMichigan Supreme Court · 1873
- People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874
- Lyle v. Cass Circuit JudgeMichigan Supreme Court · 1909