obligation inquiry in Michigan

1948In Field v. Howry, 132 Mich. 687, 693 , this Court quoted with approval from the opinion in Madison Township v. Dunkle, 114 Ind. 262 ( 16 N. E. 593 ), as follows: “ ‘It is well settled that the courts will look behind a note, a mortgage, or even a judgment, to ascertain the nature of the debt, and, if it is ascertained to be one which a discharge (in bankruptcy) does not bar, it will be so adjudged.’ ” A recital of the testimony upon which the default judgment was entered is therefore necessary.

1948In Field v. Howry, 132 Mich. 687, 693 , this Court quoted with approval from the opinion in Madison Township v. Dunkle, 114 Ind. 262 ( 16 N. E. 593 ), as follows: “ ‘It is well settled that the courts will look behind a note, a mortgage, or even a judgment, to ascertain the nature of the debt, and, if it is ascertained to be one which a discharge (in bankruptcy) does not bar, it will be so adjudged.’ ” A recital of the testimony upon which the default judgment was entered is therefore necessary.

1948In Field v. Howry, 132 Mich. 687, 693 , this Court quoted with approval from the opinion in Madison Township v. Dunkle, 114 Ind. 262 ( 16 N. E. 593 ), as follows: “ ‘It is well settled that the courts will look behind a note, a mortgage, or even a judgment, to ascertain the nature of the debt, and, if it is ascertained to be one which a discharge (in bankruptcy) does not bar, it will be so adjudged.’ ” A recital of the testimony upon which the default judgment was entered is therefore necessary.

1946In Field v. Howry, 132 Mich. 687, 693 , this court quoted with approval from the opinion in Madison Township v. Dunkle, 114 Ind. 262 ( 16 N. E. 593 ), as follows: “It is well settled that the courts will look behind a note, a mortgage, or even a judgment, to ascertain the nature of the debt, and, if it is ascertained to be one which a discharge (in bankruptcy) does not bar, it will be so adjudged.” In Rice v. Guider, 275 Mich. 14 , the judgment in question was based on a note but the record failed to show the nature of the debt so evidenced.

2023The obligation of defense counsel, at the pretrial stage, is to properly advise the defendant regarding “ ‘the nature of the charges or the consequences of the guilty plea[,]’ and the ‘possible defenses to the charges to which the defendant is pleading guilty,’ so defendant has ‘the ability to make an intelligent and informed choice from among his alternative courses of action.’ ” Id., quoting People v Corteway, 212 Mich App 442, 445 ; 538 NW2d 60 (1995).

2023The obligation of defense counsel, at the pretrial stage, is to properly advise the defendant regarding “ ‘the nature of the charges or the consequences of the guilty plea[,]’ and the ‘possible defenses to the charges to which the defendant is pleading guilty,’ so defendant has ‘the ability to make an intelligent and informed choice from among his alternative courses of action.’ ” Id., quoting People v Corteway, 212 Mich App 442, 445 ; 538 NW2d 60 (1995).

2005DeRose v DeRose, 469 Mich 320, 326 ; 666 NW2d 636 (2003). i First, plaintiff argues that the circuit court erred when it denied plaintiffs request for a declaratory *240 judgment that the amendments to MCL 500.2016 create a new obligation in violation of article 1, § 10 of the Michigan Constitution of 1963.

2005DeRose v DeRose, 469 Mich 320, 326 ; 666 NW2d 636 (2003). i First, plaintiff argues that the circuit court erred when it denied plaintiffs request for a declaratory *240 judgment that the amendments to MCL 500.2016 create a new obligation in violation of article 1, § 10 of the Michigan Constitution of 1963.

1986The court may, on its own motion, inquire into any potential conflict which becomes apparent during trial, and the court may then take whatever action the interests of justice require.” (Emphasis added.) While the court’s obligation under this rule is not tied to any particular stage of proceedings, People v Kirk, 119 Mich App 599, 602 ; 326 NW2d 145 (1982), it is written in mandatory terms: "a violation of its guidelines does not perfect a claim of ineffective assistance of counsel.

1986The court may, on its own motion, inquire into any potential conflict which becomes apparent during trial, and the court may then take whatever action the interests of justice require.” (Emphasis added.) While the court’s obligation under this rule is not tied to any particular stage of proceedings, People v Kirk, 119 Mich App 599, 602 ; 326 NW2d 145 (1982), it is written in mandatory terms: "a violation of its guidelines does not perfect a claim of ineffective assistance of counsel.

1985Moning v Alfono, 400 Mich 425, 437 ; 254 NW2d 759 (1977).

1985Moning v Alfono, 400 Mich 425, 437 ; 254 NW2d 759 (1977).

1946In Field v. Howry, 132 Mich. 687, 693 , this court quoted with approval from the opinion in Madison Township v. Dunkle, 114 Ind. 262 ( 16 N. E. 593 ), as follows: “It is well settled that the courts will look behind a note, a mortgage, or even a judgment, to ascertain the nature of the debt, and, if it is ascertained to be one which a discharge (in bankruptcy) does not bar, it will be so adjudged.” In Rice v. Guider, 275 Mich. 14 , the judgment in question was based on a note but the record failed to show the nature of the debt so evidenced.

1929Padgett v. Lewis , 54 Fla. 177 ( 45 So. 29 ); Hyer v. York Manfg.