Raymor v. Michigan Trust Co.
Michigan Supreme Court
Error to Kent; Perkins, J. Emma K. Raymor presented a claim against the estate of Edward A. Raymor, deceased, which was disallowed by the commissioners on claims. Claimant appealed to the circuit court, where the cause was tried without a jury. Judgment for claimant. The Michigan Trust Company, administrator of said estate, brings error. Emma K. Raymor, the claimant, filed a claim against the estate of Edward A. Raymor, deceased, in the probate court for Kent county.
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Error to Kent; Perkins, J. Emma K. Raymor presented a claim against the estate of Edward A. Raymor, deceased, which was disallowed by the commissioners on claims. Claimant appealed to the circuit court, where the cause was tried without a jury. Judgment for claimant. The Michigan Trust Company, administrator of said estate, brings error. Emma K. Raymor, the claimant, filed a claim against the estate of Edward A. Raymor, deceased, in the probate court for Kent county. The commissioners on claims disallowed the claim. The claimant appealed to the circuit court where the claim was allowed. The…
1Opinion of the CourtBrooke, J.
{after stating the facts). It is urged by the appellant that, inasmuch as the exemplification of the Pennsylvania record shows that the judgment was obtained without service of process upon Edward A Raymor and without an appearance for him by any attorney, in accordance with the provisions of the warrant, the judgment itself is invalid, and not binding upon the deceased or his estate. That the authority to confess a *263judgment under warrant of attorney, such as is here considered, must be strictly followed, seems to be settled by abundant authority. See 30 Am. & Eng. Enc. Law (2d Ed.), p. 113,…
2Cases cited8 opinions
- Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890
- Teel v. . YostNew York Court of Appeals · 1891
- First National Bank v. WhiteSupreme Court of Missouri · 1909
- Cuykendall v. DoeSupreme Court of Iowa · 1906
- Grubbs v. Leon & H. BlumTexas Supreme Court · 1884
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3Cited by3 opinions
- De Dood v. Pullman Co.Court of Appeals for the Second Circuit · 1932
- Gordon v. HellerMichigan Supreme Court · 1935
- Wieler v. DiverIndiana Court of Appeals · 1922