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9 Mich. 144

Bingham v. Parsons

Michigan Supreme Court

Decided January 11, 1861

Michigan Supreme Court · decided 1861-01-11

Motion to reinstate an appeal in Chancery which had been dismissed at the last term of this court for want of prosecution by the defendants, who were appellants. Affidavits were presented to excuse the default, but the party did not show that he was prepared to proceed to a hearing at this time.

Decided 1861-01-11

The Court

¶1held the default at the former term not sufficiently excused. They also held that where a party moves to reinstate a cause which was dismissed at a former term for want of prosecution, he should show himself prepared to proceed at once to a hearing, in case his motion should be granted.

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