Michigan Supreme Court, 1876

Eaton v. Eaton

Eaton v. Eaton
Michigan Supreme Court · Decided January 20, 1876
33 Mich. 305; 1876 Mich. LEXIS 43
Eaton v. Eaton

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

The Court

held that the order pro confesso was premature and irregular; that it was not proper to enter such order before the proof of service of the subpoena was made and filed; and that, under the circumstances of this case at least, good practice required an affirmative showing that defendant had not appeared in the cause; that the order pro confesso being irregular, the subsequent steps taken in the cause cannot be sustained.

Decree reversed.

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