Legal Opinion
Bender v. Wayne Circuit Judge
Michigan Supreme Court
Decided June 1, 1914No. Calendar No. 26,191PublishedCited by 2 opinions
Mandamus by Fred Bender against Alfred J. Murphy, one of the circuit judges for the county of Wayne, to compel respondent to vacate an order opening the plaintiff’s default in an action wherein relator was defendant.
1Opinion of the CourtMoore, J.
This is a mandamus proceeding. The petition shows that Sloman & Sloman began a suit against relator in the circuit court by summons on December 16, 1913; that on December 24, 1913, defendant therein caused his appearance to be entered; that for want of service of declaration, on the 5th day of January, 1914, defendant caused the default of the plaintiffs to be entered; that on February 3, • 1914, the plaintiffs moved to set aside said default. On February 27, 1914, the court entered an order as follows :
“In this cause ordered that the default of plaintiff be and hereby is set aside. It is…
2Cited by2 opinions
- Barber Asphalt Paving Co. v. Village of Highland ParkMichigan Supreme Court · 1909
- Blodgett v. Kent Circuit JudgeMichigan Supreme Court · 1915