155 Mich. 651 | Mich. | 1909
Relators ask the writ of mandamus to compel respondent to vacate an order made by him refusing to set aside a judgment rendered against them and their codefendant, one Sloman. Judgment was rendered upon a promissory note executed by Sloman, now deceased, and indorsed by the relators. This note was given in place of another executed by the same parties, upon which suit was brought and discontinued by agreement, and the note involved in this suit given. Suit was commenced by filing declaration and rule to plead. These were duly served upon all the defendants in the suit. Sloman was intrusted with the defense of the suit, and employed the firm of Clark, Jones & Bryant, attorneys, to defend. Subsequently judgment was entered by stipulation. Sloman, it appears, gave notice of set-off, but subsequently withdrew this claim. Relators now insist that, though they charge no intentional wrong upon Sloman or the attorneys who represented them in the suit, yet they were not aware of this judgment, and they, therefore, ask to have
The writ is denied.