Summary
In Smith v. Curtiss, 38 Mich. 393, the trial court had held that the note pleaded as a set-off was merged in a judgment rendered in an action commenced by attachment where there was no personal service upon defendant and no appearance by him, and the property attached levied upon under an execution issued in pursuance of the judgment.
Summary of this case from Taylor v. Continental Supply Co.Opinion
April 15, 1977
Appeal from the Monroe Supreme Court.
Present — Marsh, P.J., Cardamone, Dillon, Goldman and Witmer, JJ.
Order and judgment unanimously affirmed, with costs. Memorandum: In view of the constant dilatory efforts of the appellant and the inordinate delays in complying with court orders, Special Term properly refused a further extension of time.