Carras v. Bungalow Sandwich Shoppe Co.

• Decision Date: 02 March 1932
• Docket Number: No. 83.,83.
• Citation: 257 Mich. 467,241 N.W. 230
• Parties: CARRAS v. BUNGALOW SANDWICH SHOPPE CO.
• Court: Michigan Supreme Court

257 Mich. 467

241 N.W. 230

CARRAS

v.BUNGALOW SANDWICH SHOPPE CO.

No. 83.

Supreme Court of Michigan.

March 2, 1932.

Appeal from Circuit Court, Wayne County; James E. Chenot, Judge.

Action by Gus D. Carras against the Bungalow Sandwich Shoppe Company, as garnishee defendant.Garnishee defendant's motion for special leave to appeal to the circuit court from a judgment against it in the common pleas court was denied, and granishee defendant appeals.

Reversed, and leave to appeal granted.

Agrued before the Entire Bench.Max Kahn, of Detroit (L. V. Pylkas, of Detroit, of counsel), for appellant.

Kerr, Lacey & Scroggie, of Detroit (John Ferguson, of Detroit, of counsel), for appellee.

FEAD, J.

This is review of denial of defendant's motion for special leave to appeal to circuit court from a judgment against it in common pleas court.

The showing was that defendant was served with garnishee summons, denied liability to the principal defendant, employed an attorney at law to represent it, relied on him to do so, the attorney failed to file disclosure until two days after judgment, judgment was taken against defendant for failure to file a disclosure, and defendant did not know that a judgment had been rendered against it until an officer appeared with an execution some five weeks after its rendition.

The question is whether, under Court Rule 57, § 2, a party is guilty of ‘culpable negligence’ where he intrusts his case to an attorney, relies on him, and the negligence is solely that of the attorney.For reasons which are sufficiently set up in Frank v. Union Trust Company, 239 Mich. 646, 215 N. W. 26, the answer is in the negative.

The order denying leave to appeal will be set aside and leave granted but without...