Eaton v. Eaton

Court: Michigan Supreme Court
Date filed: 1876-01-20
Citations: 33 Mich. 305
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Lead Opinion
The Court

held that the order pro confesso was premature and irregular; that it was not proper to enter such order before the proof of service of the subpoena was made and filed; and that, under the circumstances of this case at least, good practice required an affirmative showing that defendant had not appeared in the cause; that the order pro confesso being irregular, the subsequent steps taken in the cause cannot be sustained.

Decree reversed.