1 Harr. Ch. 256
Decided July 1, 1841
Michigan Court of Chancery · decided 1841-07-01
This was an application at a special term, for confirmation of a decree to dismiss the bill. at a special term, on affidavit of the entry of an order for service of copy .of the bill in 15 days, as required by rule 20 of this court, and of the due service of notice of the order, and also, stating that no copy of the bill as required by the rule had been served, and that defendants have entered a decree in vacation with the register of the court, dismissing the bill with…
Decided 1841-07-01
¶1The defendants having, subsequent to the default, filed their answer, and based thereon a motion to dissolve the injunction, have waived the right to dismiss for want of service of a copy of the bill.
¶2Further. This being an application for a final decree in the cause, should be made at a general term. Rose vs. Woodruff, 4 John. Ch. R., 547.