13 Mich. 238 | Mich. | 1865
In these several eases, over four days having elapsed since the default of the respective defendants was entered, the counsel for the relator claims final judgment as well in favor of the relator’s right to the respective offices as for the ouster of the defendant, the informations having set forth as well the right of the former, as the usurpation by the latter.
The statute — Rev. Stat., Chap 136, Sec. 4; Comp. L., Sec. 5294 — provides that “judgment shall be rendered upon the right of the defendant, and also upon the right of the party so entitled; or only upon the right of the defendant, as justice shall require.”
After careful consideration we have come to the conclusion that we cannot safely go, further upon default of the defendant than to give judgment of ouster against him. His default admits his own usurpation of, of intrusion into the office, but we do not see how his admission can be allowed to determine the right of the