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Carpenter v. Judge of Superior Court of Grand Rapids

Carpenter v. Judge of Superior Court of Grand Rapids, 85 N.W. 265 (Mich. 1901)
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Court
Michigan Supreme Court · State Highest Courts
Decided
February 27, 1901
Citations
85 N.W. 265126 Mich. 81901 Mich. LEXIS 666
Headnotes
Default — Proceedings in Reliance Thereon — Entry of Judgment-Limitations. The entry of a judgment is the taking of a proceeding, within the meaning of Circuit Court Rule No. 12, subd. 6, which provides that when personal service has been had on a defendant, and proceedings taken after default on the strength thereof, the default shall not be set aside unless application is made within six months after service.
Summary
Mandamus by Frank L. Carpenter to compel Richard L. Newnham, judge of the superior court of Grand Rapids, to vacate an order setting aside a default.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

This is an application for a mandamus to require the respondent to vacate an order setting aside a default entered against a garnishee defendant after the lapse of sis months from the date of service of process. Default was entered on the 30th of March, followed by judgment on April 3d in favor of the plaintiff and against the garnishee defendant. On the 25th of April a motion was made to set aside the default.

The case is admittedly ruled by Petley v. Wayne Circuit Judge, 124 Mich. 14 ( 82 N. W. 666 ), provided it be held that, within the meaning of Cir. Ct. Rule No. 12, the entry of a judgment is “a proceeding taken after default on the strength thereof.” We think it must be held that the entry of a judgment is the taking of a proceeding, within the meaning of this rule, and the case therefore falls within the prior decisions of the court.

Writ will issue as prayed.

How later courts describe this case

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

Cited by 12 cases

View all citing references →
1905: 21906: 11909: 21913: 11915: 11917: 11918: 11919: 11921: 219052026peak 1905 · 2

Relies on it most ⓘ

  1. W. H. Warner Coal Co. v. Nelson169 N.W. 852 (Mich. 1918)
  2. Burgard v. Burgard141 N.W. 549 (Mich. 1913)
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Berrien Circuit Judge153 N.W. 798 (Mich. 1915)
  4. Cook v. Wayne Circuit Judge163 N.W. 481 (Mich. 1917)
  5. Caille Bros. v. Saginaw Circuit Judge120 N.W. 6 (Mich. 1909)
  6. Kentucky Wagon Manfg. Co. v. Kalamazoo Circuit Judge175 N.W. 150 (Mich. 1919)

Most recent

  1. Newman v. Wayne Circuit Judge183 N.W. 745 (Mich. 1921)
  2. Hakes v. Kent Circuit Judge182 N.W. 77 (Mich. 1921)
  3. Kentucky Wagon Manfg. Co. v. Kalamazoo Circuit Judge175 N.W. 150 (Mich. 1919)
  4. W. H. Warner Coal Co. v. Nelson169 N.W. 852 (Mich. 1918)
  5. Cook v. Wayne Circuit Judge163 N.W. 481 (Mich. 1917)
  6. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Berrien Circuit Judge153 N.W. 798 (Mich. 1915)

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
Petley v. Judge, 82 N.W. 666 (Mich. 1900) 14

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