¶1Where a non-resident plaintiff gives security for costs upon an order therefor made upon application of the defendant, defendant’s default for not pleading, entered upon the same day that the security is filed, is prematurely entered, and mandamus will lie to vacate a judgment based thereon, and to set aside the default.
97 Mich. 623
Rankans v. Padgham
Decided June 14, 1893
Michigan Supreme Court · decided 1893-06-14
Mandamus. Relator appeared specially in a suit commenced against him by a non-resident plaintiff by declaration, and moved to strike the declaration from the files for the reason that security for costs had not' been indorsed, as required by the statute. The motion was denied upon plaintiff’s filing security for costs. Thirty days had elapsed since the declaration was served, but proof of service was filed on the day the motion was denied.
Decided 1893-06-14