Cook v. Perry
Michigan Supreme Court
Error to Ingham. Trespass on the case. Defendant Cook brings error. A plaintiff cannot notice for trial a case against several defendants only part of whom have appeared, until interlocutory judgment is entered against those who have suffered default, Cuddeback v. Fanely 2 Wend. 624; nor can he discontinue as against them and proceed against the rest without amending his declaration, BaUou v. Hill 28 Mich. 60; Mumford v. Fitzhugh 18 Johns. 467. Where a case is set down for…
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Error to Ingham. Trespass on the case. Defendant Cook brings error. A plaintiff cannot notice for trial a case against several defendants only part of whom have appeared, until interlocutory judgment is entered against those who have suffered default, Cuddeback v. Fanely 2 Wend. 624; nor can he discontinue as against them and proceed against the rest without amending his declaration, BaUou v. Hill 28 Mich. 60; Mumford v. Fitzhugh 18 Johns. 467. Where a case is set down for trial at the request of a party he is estopped from objecting to proceed on the ground that some of the defendants have…
1Opinion of the CourtGraves, J.
This is a writ of error brought by Cook to reverse a _ judgment given against him in the circuit court for the county of. Ingham. Perry brought a special action on the case against Calvin Paling, Matilda J. Paling and the1 plaintiff in .error, for an alleged cheat by which he was induced to convey valuable premises in Ingham county to Mrs. Paling, in 'exchange for lands in Jackson county nearly or quite worthless.
The declaration contained two counts, and averred that the defendants conspired together and were confederates in the ‘perpetration of the fraud. Paling and wife were not served and…
2Cases cited13 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Castle v. BullardSupreme Court of the United States · 1860
- Butler v. WatkinsSupreme Court of the United States · 1872
- Rea v. MissouriSupreme Court of the United States · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. SeamanMichigan Supreme Court · 1895
- Way v. RootMichigan Supreme Court · 1913
- Haines v. HaydenMichigan Supreme Court · 1893
- J. B. Millet Co. v. AndrewsMichigan Supreme Court · 1913
- Cronkhite v. DickersonMichigan Supreme Court · 1883
17 more not listed; retrieve them via the Exa API.