Circuit Court of the 10th Circuit of Michigan, 1869

Gillett v. Arnt

Gillett v. Arnt
Circuit Court of the 10th Circuit of Michigan · Decided June 1, 1869 · Sutherland
1 Mich. N.P. 22

Counsel

D. W. G. Gage, for Plaintiff., D. W. JGerlcins, for Defendant.

Gillett v. Arnt

Opinion of the Court

Sutherland, Judge.

The first default was irregular. It was, however, waived, by service of declaration afterwards ; but the defendant was not obliged to act upon such an implied waiver; he was justified in waiting until the plaintiff should expressly waive it; and the plaintiff could not regularly enter a second default, without giving the defendant twenty days to plead, when no default stood against him.

Default set aside without terms.

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