Weisman v. Newton Beef Co.
Michigan Supreme Court
Appeal from Wayne; Donovan, J. Bill'by Isadore Weisman against the Newton Beef Company to set aside a judgment and execution. From an order overruling a demurrer to the bill, defendant appeals. The purpose of this suit is to set aside a judgment (and execution issued thereon) rendered in justice’s court against complainant in favor of defendant, and to obtain a new trial.
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Appeal from Wayne; Donovan, J. Bill'by Isadore Weisman against the Newton Beef Company to set aside a judgment and execution. From an order overruling a demurrer to the bill, defendant appeals. The purpose of this suit is to set aside a judgment (and execution issued thereon) rendered in justice’s court against complainant in favor of defendant, and to obtain a new trial. The bill alleges that the defendant company-brought suit by summons February 7, 1907, returnable February 19th. Complainant handed the summons to his attorney, William P. Corbett. The day prior to the return day Mr. Corbett…
1Opinion of the CourtGrant, C. J.
(after stating the facts). He who invokes the aid of a court of equity to set aside a judgment rendered against him in a court of law must show by his bill that he has been diligent in prosecuting his remedy at law. If he had the opportunity to interpose his defense at law and failed to avail himself of it, a court of equity will close its door to him.
Complainant does not allege that he was not informed by his attorney of the date of adjournment, and the affidavit of his attorney is entirely silent upon this point. If, *513however, his attorney failed to notify him and he relied upon his attorney…
2Cases cited5 opinions
- Gray v. BartonMichigan Supreme Court · 1886
- Foster v. WileyMichigan Supreme Court · 1873
- Hiles v. MosherWisconsin Supreme Court · 1878
- Valley City Desk Co. v. Travelers' InsuranceMichigan Supreme Court · 1906
- First National Bank v. TylerMichigan Supreme Court · 1884
3Cited by7 opinions
- Becker v. WelchMichigan Supreme Court · 1919
- Davis v. McCammanMichigan Supreme Court · 1911
- Andrews v. OsbornMichigan Supreme Court · 1909
- Blehm v. HanzekMichigan Supreme Court · 1935
- Union Guardian Trust Co. v. GrevninMichigan Supreme Court · 1933
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