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Stanczuk v. Pfent

Stanczuk v. Pfent.

Stanczuk v. Pfent, 204 N.W. 706 (Mich. 1925)
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Court
Michigan Supreme Court · State Highest Courts
Decided
July 16, 1925
Docket
No. 24.
Judges
CLARK, J.
Citations
204 N.W. 706231 Mich. 689231 Mich. 6911925 Mich. LEXIS 699

Opinion of the Court

Suit was commenced by declaration. There was judgment by default. More than six months after entry of default defendant moved to set it aside, showing, as we find, that at the time of entry of default there was not a return of service of the declaration, as the practice requires. 3 Comp. Laws 1915, § 12441. The motion by order was denied. Defendant brings error.

In facts and in applicable law the case is like Whirl v. Reiner , 229 Mich. 114 . The default was irregular and, under the holding in the Whirl Case , ought to have been set aside. No other question merits discussion.

The order, the judgment, and the default are set aside, and defendant permitted to plead on terms to be fixed by the trial court, with costs to appellant.

McDONALD, C.J., and BIRD, SHARPE, MOORE, STEERE, FELLOWS, and WIEST, JJ., concurred. *Page 691

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1928: 11933: 31940: 11954: 119282026peak 1933 · 3

Relies on it most ⓘ

  1. Smak v. Gwozdik291 N.W. 270 (Mich. 1940) · Concurrence
  2. Burk v. Amos247 N.W. 197 (Mich. 1933) · Dissent
  3. Dades v. Central Mutual Auto Insurance248 N.W. 616 (Mich. 1933)
  4. McHenry v. Village of Groose Pointe Farms251 N.W. 783 (Mich. 1933)
  5. Borg v. Thomas62 N.W.2d 466 (Mich. 1954)
  6. Standard Oil Co. v. Brukwinski217 N.W. 922 (Mich. 1928)

Most recent

  1. Borg v. Thomas62 N.W.2d 466 (Mich. 1954)
  2. Smak v. Gwozdik291 N.W. 270 (Mich. 1940) · Concurrence
  3. McHenry v. Village of Groose Pointe Farms251 N.W. 783 (Mich. 1933)
  4. Dades v. Central Mutual Auto Insurance248 N.W. 616 (Mich. 1933)
  5. Burk v. Amos247 N.W. 197 (Mich. 1933) · Dissent
  6. Standard Oil Co. v. Brukwinski217 N.W. 922 (Mich. 1928)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Whirl v. Reiner, 200 N.W. 977 (Mich. 1924) 12

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