Legal Opinion
Phelps v. Wayne Circuit Judge
Michigan Supreme Court
Decided November 27, 1923No. Calendar 31,165PublishedCited by 2 opinions
Mandamus by Ralph Phelps and another to compel Frederick W. Mayne, acting circuit judge of Wayne county, to vacate an order granting a new trial in an action of ejectment.
1Opinion of the CourtSteere, J.
General Title XVIII, 3 Comp. Laws 1897, entitled, “Of Proceedings in Civil Actions,” deals in Part Three with “Actions Relating to Real Property.” Part Three contains chapter 303 devoted to “The Action of Ejectment,” section 36 of which (compiler’s section 10981) provides:
“The court in which such judgment shall be rendered, at any time within three years thereafter, upon the application of the party against whom the same was rendered, his heirs, executors, administrators or assigns, and upon payment of all costs and damages recovered thereby, shall vacate such judgment, and grant a new trial…
2Cases cited5 opinions
- Johnson v. CraigSupreme Court of Oklahoma · 1913
- J. F. Hartz Co. v. LukaszcewskiMichigan Supreme Court · 1918
- Miller v. JohnsonMichigan Supreme Court · 1918
- Phelps v. BrevoortMichigan Supreme Court · 1919
- McBride v. Chippewa Circuit JudgeMichigan Supreme Court · 1918
3Cited by2 opinions
- People v. JonesMichigan Supreme Court · 2014
- People v. JonesMichigan Supreme Court · 2014