People ex rel. Barrett v. Bacon
Michigan Supreme Court
Mandamus to Circuit Judge of Branch County. This was an application to compel the Circuit Judge to set aside a judgment rendered against Wallace W. Barrett, because of an illegal notice of trial. The facts are stated in the opinion. 1. It is error to try a cause without it is first duly noticed for trial. ■ — • 2 Comp. L. § 4,847; Chamberlain v. O’Keef, 2 Mich. 867; Small v. Adriclc, 5 Wend. 187; Knapp v. Mead, 2 Johns. Gas.
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Mandamus to Circuit Judge of Branch County. This was an application to compel the Circuit Judge to set aside a judgment rendered against Wallace W. Barrett, because of an illegal notice of trial. The facts are stated in the opinion. 1. It is error to try a cause without it is first duly noticed for trial. ■ — • 2 Comp. L. § 4,847; Chamberlain v. O’Keef, 2 Mich. 867; Small v. Adriclc, 5 Wend. 187; Knapp v. Mead, 2 Johns. Gas. Ill; Jenlcs v. Payne, 16 Johns. 899; Turrill v. Walker, 4 Mich. 177; Bowen v. Clarice, 2 Wend. 249. The statute is imperative and makes the notice a condition precedent…
1Opinion of the Court
Campbell J.
John W. Turner having recovered a judgment before a justice against the relator, for $58.50 damages and $2.50 costs, the latter appealed it to the Circuit Court. In that court, after the lapse of several terms, Turner, without introducing any proof that he had noticed the cause for hearing, proceeded ex parte, and obtained a judgment for $160 damages, with the costs. When Barrett, who was out of the state on military duty, heard of the fact, he applied to the court to set aside the judgment as irregular, for want of notice. Turner resisted the motion upon an affidavit, under which…
2Cases cited2 opinions
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