94 Mich. 627 | Mich. | 1893
After the decree of affirmance in this cause
We do not think the court abused its discretion. This Court will not review the action of circuit courts in determining applications to set aside defaults and orders pro confesso, unless there has been a clear abuse of discretion. Both parties were represented by able and reputable solicitors, who had been in practice for many years. These solicitors and the defendant disagreed in their affidavits as to the facts. The court below decided between them, and evidently believed the statements of the former, and may have been influenced to a considerable extent by its knowledge of the situation and the facts, as they appeared upon the hearing between the complainants and the city.
If the decree was not in accordance with the statements, and prayer of the bill, the defendant’s remedy was by appeal.
Decree affirmed, with costs.