Michigan Supreme Court, 1906

Aitken v. Chippewa Circuit Judge

Aitken v. Chippewa Circuit Judge
Michigan Supreme Court · Decided October 19, 1906
146 Mich. 129; 109 N.W. 223; 1906 Mich. LEXIS 872

Aitken v. Chippewa Circuit Judge

Opinion of the Court

Per Curiam.

The practice pursued in the circuit did not conform to Chancery Rule 7. The relator is also in fault in failing to move for the vacation of the order setting aside default. The proper practice on defendant’s part would have been to move for extension of time, under Chancery Rule 6. As there is still time to proceed anew under Chancery Rule 7, the defendant can preserve his rights.

This application is denied.

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