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1 Harr. Ch. 258

Kellogg v. Barnes

Michigan Court of Chancery

Decided July 1, 1840

Michigan Court of Chancery · decided 1840-07-01

Motion to dissolve an injunction. Moved, in tendering admission of due service of a notice of the motion that the injunction issued in this cause, be dissolved, for want of equity in the bill.

Decided 1840-07-01

The Chancellor.

¶1Where a part after service of notice of retainer, neglected to appear and oppose, the court say, by not appearing, the party consents to the application. Ekhart vs. Dearman, 2 Caines’ Rep., 3791 Such, also, appears to be tho practice in England.

¶2The defendant may take the order that the injunction be dissolved with costs, stating in the order, however, that no one appeared on the motion to oppose.

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