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1 Mich. N.P. 201

Gillett v. Arnt

Circuit Court of the 10th Circuit of Michigan · decided 1869-06-15

Decided 1869-06-15

Southerland, J.

¶1The defendant’s default for want of a plea, had been set aside and plea required to be put in in ten days. Defendant’s default was again regularly entered for not pleading.

¶2Motion to set aside default on the ground that defendant’s attorney, being pressed with business, had forgotten it. As soon as his attention was called to second default, he served an affidavit of merits and offered to pay the costs of the default; which offer was refused.

¶3Default set aside, on payment of costs of default and of this motion, including an attorney fee of ten dollars.

¶4Rule 20 has no application in the consideration of this motion, as the time to plead was fixed by special order on setting aside a former default.

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