Orcutt v. White

The original opinion in this case is reported in 220 Mich. 590. On application of the defendants a rehearing was granted. Before it came on to be heard the defendants asked for an order, which this court allowed, remanding the cause to the circuit court for the county of Alpena, for the purpose of enabling them to make application to that court for leave to move for a new trial on the ground of newly-discovered evidence. The motion was made and denied by the circuit judge on the 1st day of June, 1923. Thereupon a petition was presented to *657this court for mandamus to review the action of the…