People ex rel. Ætna Live Stock Fire & Tornado Insurance v. Judge of the Wayne Circuit Court
Michigan Supreme Court
Application for mandamus: To compel the Judge of Circuit Court for the County of Wayne, to vacate an order granting a new trial. During the January Term, 1870, of the Circuit Court for the County of Wayne, — on the 28th of February, — a verdict was rendered, and judgment entered thereon, in favor of the defendant in a suit brought by Jay Olmstead against The ¿Etna Live Stock Fire and Tornado Insurance Company.
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Application for mandamus: To compel the Judge of Circuit Court for the County of Wayne, to vacate an order granting a new trial. During the January Term, 1870, of the Circuit Court for the County of Wayne, — on the 28th of February, — a verdict was rendered, and judgment entered thereon, in favor of the defendant in a suit brought by Jay Olmstead against The ¿Etna Live Stock Fire and Tornado Insurance Company. A bill of exceptions was settled and signed by the Circuit Judge on the 5th of March. A writ of error, out of this Court, was issued on the 7th of March, returnable on the 28th, and was…
1Per curiam
A mandamus is asked for, to compel the Circuit Court of Wayne County to vacate an order granting a new trial.
The first ground taken is that it is too late to make the *222motion after judgment. Practically the judgment is generally entered at once upon the coming in of the verdict. But it only operates conditionally, until the time has expired for moving for a new trial, or in arrest, and it cannot therefore prevent any action to grant a new trial, unless there is some other obstacle.
Rule 31, requiring motions for new trial to be made in two days, is subject to the further provision in Rule 72,…
2Cited by11 opinions
- Lyle v. Cass Circuit JudgeMichigan Supreme Court · 1909
- Hayes v. Ionia Circuit JudgeMichigan Supreme Court · 1900
- General Necessities Corp. v. Wayne Circuit JudgeMichigan Supreme Court · 1921
- Jaeger v. MitchellMichigan Supreme Court · 1936
- Nagele-Kelly Manufacturing Co. v. HannakMichigan Court of Appeals · 1968
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