161 Mich. 526 | Mich. | 1910
A suit was begun in assumpsit by the plaintiff in the above-entitled cause against the defendant by declaration on the common counts, setting forth specifi
“The Court: I am familiar with the conditions of the pleadings and all that. Do you know of any way whereby I can permit you to make a substantial defense to this action ?
“Mr. Berger: I do not.
“The Court: I don’t either, and, because of that, shall not do it. If I could find any way, I would let you do it.
“Mr. Berger: That is the unfortunate part of it, Mr. Hawley’s ignorance of the inquest proceedings. Not having referred it to me, of course I am precluded—
*528 “The Court: Do you wish to cross-examine Mr. Selling after his computation ?
“Mr. Berger: Absolutely not at all.
“The Court: Yery well. Enter judgment for $2,-981.60.”
A motion for a new trial, based upon the unconstitutionality of Circuit Court Rule 14 was overruled, and defendant has removed the record to this court for review upon writ of error. The assignments of error challenge the constitutionality of said Rule 14.
Although we are entirely satisfied that there is no merit in defendant’s contention that Circuit Court Rule 14 is invalid, as depriving litigants of their constitutional right to defend suits against them, as depriving them of their property without due process of law, we must decline to consider the question upon this record, in view of defendant’s response to the questions of the trial judge. People, for use of Holmes, v. Grant, 117 Mich. 613 (76 N. W. 99).
The judgment is affirmed.