Sears, Roebuck Co. v. Holmes

Full title: SEARS, ROEBUCK COMPANY v. HOLMES

Court: Michigan Court of Appeals

Date published: Jan 11, 1966

2 Mich. App. 190 (Mich. Ct. App. 1966)

139 N.W.2d 131

Opinion

Docket No. 963.

Decided January 11, 1966. Amended opinion filed February 9, 1966.

Appeal from Common Pleas Court of Detroit; Vokes (David C.), J. Submitted Division 1 December 7, 1965, at Detroit. (Docket No. 963.) Decided January 11, 1966. Amended opinion filed February 9, 1966.

Summons and affidavit of account by Sears, Roebuck Company, a New York corporation, against Alfred Holmes and Pennie J. Thomas for the unpaid balance of moneys owed on the purchase of goods. Default judgment for plaintiff. Defendants' motion to set aside default granted. Plaintiff appeals. Appeal dismissed.

Balfour D. Peisner, for plaintiff.

J.H. GILLIS, J.

This is an appeal from an order of the common pleas court of the city of Detroit setting aside a default judgment. The order is interlocutory and under GCR 1963, 801.3 this Court has no jurisdiction to hear this appeal. Appeals from interlocutory orders of the common pleas court are appealed by leave to the circuit court. GCR 1963, 806.1. See 3 Honigman and Hawkins, Michigan Court Rules Annotated (2d ed), pp 448, 449, for discussion of this question.

Dismissed. No costs, appellees having failed to file a brief.

WATTS, P.J., and BURNS, J., concurred.