218 Mich. 500 | Mich. | 1922
In 1908, Charles Flowers was appointed special guardian, in a proceeding under the statute, to sell real estate owned by minors and gave bond with the Massachusetts Bonding & Insurance Company as surety. The real estate was sold, and in November, 1914, a party in interest petitioned the court for an order for the payment of the proceeds. Mr. Flowers
If the decree granted by Judge Hosmer was settled and signed without notice to the attorney for Mr. Flowers a motion should have been made to set it aside. If the decree was against the just rights of Mr. Flowers or rendered by reason of a misapprehension of the facts then a rehearing should have been applied for. Judge Hosmer having died, Judge White presiding in the same circuit had authority, under proper showing, to set aside the order made by Judge Hosmer (3 Comp. Laws 1915, § 12139). Judge White found that the order made by Judge Hosmer granting a rehearing was obtained ex parte in chambers without notice, affidavit or petition, and upon insufficient grounds for a rehearing and set the same aside.
The record sustains the finding, and the writ prayed for is denied, with costs against plaintiffs.