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DENTON v. PETTYCREW

Docket No. 21, Calendar No. 50,527.

374 Mich. 453 (1965)

132 N.W.2d 156

DENTON v. PETTYCREW.

Supreme Court of Michigan.

Decided January 5, 1965.

Attorney(s) appearing for the Case

Roy De Gesero, for plaintiff.

Feikens, Dice, Sweeney, & Sullivan (Jack Sullivan, of counsel), for defendant Pettycrew.

Smith, Brooker, & Harvey (A. Thomas Lippert, of counsel), for defendants Smith and Ferris.

Stanton, Taylor, McGraw & Collison (John W. McGraw, of counsel), for defendant Saginaw Osteopathic Hospital.

O'HARA, J.

The order which we deem necessary to enter in this case is distasteful to us. It requires a finding that Judge O'Neill abused his discretion in dismissing a pending case for failure of plaintiff's counsel to appear. Were the issue confined to the interests of the attorney in the litigation, we would unhesitatingly affirm the trial judge. We deem it prudent, however, to allow plaintiff his day in court.

Except for the applicability of Rule No. 4...

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