Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

02/11/76 OKROS v. MYSLAKOWSKI

February 11, 1976

OKROS
v.
MYSLAKOWSKI



Appeal from Macomb, Edward J. Gallagher, J.

Leave to appeal applied for.

Bronson, P. J., and Bashara and M. F. Cavanagh, JJ.

SYLLABUS BY THE COURT

1. Judgment -- Default Judgment -- Setting Aside Default -- Good Cause -- Defendants -- Jurisdiction -- Elements.

It is incumbent upon a defendant moving to set aside a default judgment to show good cause and a meritorious defense supported by an affidavit of facts, where no question of jurisdiction is raised in the proceedings; good cause includes (1) a substantial defect or irregularity in proceedings upon which the default was based, (2) a reasonable excuse for failure to comply with the requirements which created the default, or (3) some other reason showing that manifest inJustice would result from permitting the default to stand.

2. Judgment -- Default Judgment -- Procedure -- Failure to Answer Complaint -- Stipulation -- Extension -- Binding Omission.

A defendant's attorney who, acting under a good faith belief that there was an understanding with plaintiff's counsel to defer entry of default, failed to answer a complaint within the 20-day time limit is nevertheless bound by the subsequent default judgment where he failed to obtain a written stipulation of the agreement from plaintiff's counsel or an extension from the circuit Judge; his omission is attributable to his client.

3. Statutes -- Candidates for Commissioner -- Residency -- Filing for Election -- Voiding Elections.

A statute provides that candidates for the office of commissioner shall be residents and registered voters of the district which they seek to represent; one becomes a candidate when he files for election to office and must at that time meet the requirements or have any subsequent nomination or election to office declared void (MCLA 46.411; MSA 5.359[11]).

The opinion of the court was delivered by: Per Curiam

Complaint by Stephen Okros against Raymond D. Myslakowski in quo warranto, challenging defendant's right to hold office as Macomb County Commissioner. Default judgment for plaintiff. Defendant appeals.

Defendant appeals from a default judgment. The plaintiff brought a quo warrantor action, GCR 1963, 715.1(2), challenging the right of the defendant to hold office as a county commissioner in Macomb County Commission District No. 2. The complaint alleged that the defendant, who was a candidate for the office of commissioner, was neither a resident nor registered voter in the district as required by state law. MCLA 46.411; MSA 5.539(11). Therefore, the defendant's nomination in the Democratic primary and subsequent election to office were void.

Prior to June 18, 1974, the defendant was not a resident of the district. On that date he alleges that he entered into a lease agreement to rent a room from one Virginia Brill Franks. Mrs. Franks denied there ever was an agreement. By the August primary the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.