Westlawn Cemetery Ass'n v. Wayne Circuit Judge

(after stating the facts). We do not agree with plaintiffs’ counsel that the circuit judge abused his discretion, if he had the discretion to set aside the default, and we shall confine ourselves solely to the question of power to make the order. Circuit Court Rule No. 32, § 4, so far as important here, provides:

“In all cases where personal service shall have been made upon a defendant, and proceedings taken after default on the strength thereof, his default shall not be set aside unless the application shall be made within six months after such default is regularly filed.”

The default must be…