123 Mich. 617 | Mich. | 1900
This is an application for a mandamus requiring the respondent to vacate an order setting aside a default. The return of the circuit judge shows that he set the default aside as improperly entered, and states the grounds for his views of the law, which need not here be repeated, as the relator, in his brief, says: “I find no fault with the law as stated by the learned circuit judge in the latter part of his return, for, no doubt, it would be the law, in a proper case, where not more than six months had elapsed between date of personal service and date of motion to set aside default; but, under the facts in this case, his allowing the motion to set aside the default is in the teeth of Rule 12.” It will be seen, therefore, that the sole question for our decision is whether, under subdivision 6 of Circuit Court Rule No. 12, the time limit for setting aside default is intended to apply in
Writ denied, with costs.