Mack & Davis v. Doty
Michigan Court of Chancery
Demurrer to a bill for discovery and relief against judgments at law. The opinion of the court contains a sufficient statement of the case. Bill seeks to enjoin two judgments recovered before a Justice of the Peace by default. The fact alledged, might constitute a good defence at law if pleaded. No reason is assigned for not making a defence at law, nor does it appear why a discovery was not sought while the action was pending at law, and before judgment rendered.
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Demurrer to a bill for discovery and relief against judgments at law. The opinion of the court contains a sufficient statement of the case. Bill seeks to enjoin two judgments recovered before a Justice of the Peace by default. The fact alledged, might constitute a good defence at law if pleaded. No reason is assigned for not making a defence at law, nor does it appear why a discovery was not sought while the action was pending at law, and before judgment rendered. It is conceded that the court would coerce a discovery in aid of inferior courts, and that the amount in controversy alone…
1Opinion of the Court
The Chancellor.
The hill alleges that the complainants became sureties for one McKinney, to Doty, upon two promissory notes, for fifty dollars each. Doty at three several times extended the payment for ninety days each, without the knowledge or assent of the complainants. That at the time said extension was' granted, McKinney was able to pay, but after the time t'o which payment had been extended by Doty had elapsed, was insolvent. That at two several times Doty commenced suits upon said notes before Robert Abbott, Magistrate. That the complainants appeared and set up their defence to wit:…
2Cited by4 opinions
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- Tull v. TurekSupreme Court of Delaware · 1958
- Tull v. TurekCourt of Chancery of Delaware · 1958
- Hendricks v. MountSupreme Court of New Jersey · 1820