1 Mich. N.P. 40
Circuit Court of the 10th Circuit of Michigan
Decided June 15, 1869
Circuit Court of the 10th Circuit of Michigan · decided 1869-06-15
Motion to set aside an inquest, taken under Rule 99. Affidavits made June 9th, read, showing merits and an-excusefor not filing affidavit of merits before first day of term, which commenced June 7th. Defendant’s attorney, ten days and more before term, sent by-defendant’s clerk, requesting to see defendant at once. The clerk reported the request to come in ten days, and at that time he came, and was too late to make, seasonably, the affidavit of merits.
Decided 1869-06-15
¶1Held, That the proceeding, by inquest, is founded on default, and implied absence of a defence. When it is afterwards, within a reasonable time, made to appear that the defendant has a meritorious defence, and the omission to file an affidavit thereof is sufficiently excused, an inquest, like a regular default, may he set aside.
¶2The inquest in this case will he set aside,'on payment of the costs thereof, including the costs of the motion, and an attorney fee of three dollars.