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O'Donnell v. St. Clair Circuit Judge

O'Donnell v. St. Clair Circuit Judge, 109 N.W. 769 (Mich. 1906)
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Court
Michigan Supreme Court · State Highest Courts
Decided
November 24, 1906
Docket
No. Calendar No. 22,000½
Judges
Cüriam
Citations
109 N.W. 769146 Mich. 4421906 Mich. LEXIS 924
Headnotes
Equity — Chancery Practice — Answer—Signature. An answer in the nature of a cross-bill need not be signed by the defendant personally when answer on oath is waived in ' the bill, signature by solicitor being sufficient. Chancery Rules la and lOe.
Summary
Petition by Cornelius O’Donnell for an order requiring Harvey Tappan, circuit judge of St. Clair county, to show cause why mandamus should not issue compelling him to strike from the files an answer to a bill of complaint.

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

Opinion of the Court — Cüriam

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Per Cüriam.

The application for an order to show cause is denied, for the reason that an answer need not be signed by the defendant personally when answer upon oath is waived in the bill. It is sufficient if it be signed by his solicitor. See Chancery Rule 10, subd. e. The fact that the answer is one in the nature of a cross-bill is unimportant, as a similar practice prevails as to bills of complaint. Chancery Rule 1, subd. a. Eveland v. Stephenson, 45 Mich. 396 .

It is not to be inferred from this determination that mandamus would be the appropriate remedy if relator had a grievance. That question we do not decide.

How later courts describe this case

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1936: 119362026peak 1936 · 1

Relies on it most ⓘ

  1. Cleveland v. City of Detroit267 N.W. 874 (Mich. 1936)

Most recent

  1. Cleveland v. City of Detroit267 N.W. 874 (Mich. 1936)

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Authorities cited 1

DepthCaseCited by
Eveland v. Stephenson, 45 Mich. 394 (1881) 5

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