Whirl v. Reiner

Plaintiff took a default judgment in the Wayne circuit court against defendant in a personal injury case. Upwards of six months thereafter defendant filed a motion to vacate the judgment and open the default. The motion was denied and defendant brings the matter to the attention of this court by writ of error.

From the record it appears that suit was commenced by declaration, and a copy thereof was personally served on the defendant. The sheriff’s return of service was filed. There being no appearance by defendant his default was entered, and subsequently a judgment was taken against him for…