Michigan Supreme Court, 1868

Woodmansie v. Hollon

Woodmansie v. Hollon
Michigan Supreme Court · Decided April 7, 1868
16 Mich. 379; 1868 Mich. LEXIS 15
Woodmansie v. Hollon

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

The court

held that inasmuch as he had knowledge of the writ and of its tenor and contents, the defendant in error had all the information that he would have received from a technical notice; and also that the filing of the return before the motion was heard would prevent the dismissal of the writ according to the usual practice.

But, inasmuch as notice of the motion to dismiss was given before the filing of the return, and when there had been a failure to comply with the rules, costs were allowed to the moving party notwithstanding the subsequent filing defeated the motion.

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