29 Mich. 366
Decided May 13, 1874
Michigan Supreme Court · decided 1874-05-13
Appeal in Chancery from Saginaw Circuit. This was a foreclosure bill which was filed March 1,1870. The subpoena was returned personally served on the defendant, March 12, 1870. The defendant did not appear. Complainant’s solicitor having died, another was substituted as his solicitor.
Good law ✅— No negative treatment on recordhow we know
Decided 1874-05-13
Cited by 4 later decisions — most recently November 1945
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1held, without passing upon the disputed questions of fact, that the taking a pro confesso on the same day the amended bill was filed, adding a new and material averment, without serving new process, was irregular, and that the application to open the decree and for a rehearing should have been granted.
¶2Order reversed, with costs, and cause remanded for further proceedings.