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Vincent v. Benzie Circuit Judge

Vincent v. Benzie Circuit Judge, 102 N.W. 369 (Mich. 1905)
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Court
Michigan Supreme Court · State Highest Courts
Decided
February 11, 1905
Docket
No. Calendar No. 20,838
Citations
102 N.W. 369139 Mich. 901905 Mich. LEXIS 874
Headnotes
1. Mandamus — Setting Aside Irregular Orders — Practice— Vacation of Decrees — Notice. A purchaser of land, the title to which was quieted prior to his purchase, is entitled to a mandamus directing the judge to set aside an order, granted without notice to the purchaser and without his knowledge, vacating the decree quieting title. 2. Decree — Irregularity—Setting Aside — Notice. The fact that a decree quieting title was irregular does not entitle the party against whom it -was rendered to have the same set aside without serving proper notice on parties interested in sustaining the same.
Summary
Mandamus by William Vincent to compel Clyde C. Chittenden, circuit judge of Benzie county, to vacate an order setting aside a decree.

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.

One Emily A. Macauley commenced suit in the circuit court for the county of Benzie, in chancery, against Saunders D. Bruce and Cora E. Hale, for the purpose of quieting title to certain real estate. Said Cora E. Hale filed an answer and cross-bill, and in August, 1903, obtained a decree quieting her title and setting aside complainant’s title. Subsequently the proceedings were regularly enrolled, and the land purchased by relator.

In June, 1904, complainant Macauley petitioned for an order setting aside said decree and permitting her to amend her bill of complaint. This petition, which did not conform to the rules of practice, was heard and granted without notice to or knowledge of relator. In our judgment, relator is entitled to a mandamus compelling respondent to set aside said order. See York v. Ingham Circuit Judge, 57 Mich. 421 .

In reaching this conclusion, we have not overlooked respondent’s contention that the decree set aside was irregularly obtained. It is by no means clear that complainant Macauley could take advantage of these irregularities. And if she could, they did not justify her in departing from proper practice, and in failing to serve notice upon relator. See Jewett v. Morris, 41 Mich. 689 .

The mandamus should issue.

How later courts describe this case

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

1915: 119152026peak 1915 · 1

Relies on it most ⓘ

  1. Des Moines Union Railway Co. v. District Court170 Iowa 568 (1915)

Most recent

  1. Des Moines Union Railway Co. v. District Court170 Iowa 568 (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 2

DepthCaseCited by
Jewett v. Morris, 3 N.W. 186 (Mich. 1879) 4
York v. Ingham Circuit Judge, 57 Mich. 421 (1885) 1

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