Michigan Supreme Court, 1897

Reid, Murdock & Co. v. Benzie Circuit Judge

Reid, Murdock & Co. v. Benzie Circuit Judge
Michigan Supreme Court · Decided December 21, 1897 · Grant, Other
115 Mich. 418; 73 N.W. 391
Reid, Murdock & Co. v. Benzie Circuit Judge

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Opinion of the Court

Grant, J.

(after stating the facts). The proceedings in these cases are governed by the statute, and not by the rules of court. Fish v. Barbour, 43 Mich. 19. The entry of plaintiff’s default in not filing its declaration was premature. It was entitled to file a declaration at any time before the end of the next term after the return of the writ. 2 How. Stat. § 7312.

The writ will issue as prayed.

The other Justices concurred.

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