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12/10/75 ST. CLAIR COMMERCIAL & SAVINGS BANK v.

December 10, 1975

ST. CLAIR COMMERCIAL & SAVINGS BANK
v.
MACAULEY; (ESTATE OF MACAULEY V. MACAULEY)



Appeal from St. Clair, Halford I. Streeter, J.

Leave to appeal denied, 396 Mich 864.

Danhof, P. J., and McGregor and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Estates -- Special Administrators -- Duties -- General Administrators -- Motions -- Divorce.

A special administrator is charged with the duty of collecting the goods, chattels, and debts of a deceased and preserving them for the administrator; the special administrator is a proper party to move to set aside a divorce decree where property rights of the deceased are involved, and the general administrator may continue such an action properly commenced by the special administrator.

2. Judgment -- Final Judgments -- Rendition -- Entry -- Effective Date.

The rendition of a judgment is the judicial act by which a court decides a case in favor of one party or the other; the entry of the judgment is merely the ministerial act which records that a judgment has been rendered.

3. Divorce -- Equity -- Relief -- Conclusion of Controversy.

A divorce action is equitable in nature, and a court of equity molds its relief according to the character of the case; once equity acquires jurisdiction it will do what is necessary to accord complete equity and to conclude the controversy.

4. Divorce -- Marriage -- Public Policy -- Remaining Married.

It is in accord with public policy to allow the parties to a divorce action to remain married if they so desire.

5. Judgment -- Motions -- Setting Aside Judgment -- Fraud -- Conflicting Allegations -- Evidentiary Hearing.

A party may move a trial court to set aside an order or a judgment for fraud or any other reason justifying relief from the operation of the judgment, and where there are conflicting allegations and affidavits as to whether fraud was committed, the trial court must conduct an ...


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