Kirn v. Ioor

Steere, Retired Justice,

sitting at request of the Chief Justice.

In the above entitled suit defendant and appellant Bessie A. Yeider applies for leave to appeal “in the nature of a mandamus” (pursuant to Court Rule No. 60 [1933]), asking a mandate directing the judge of the Kent county circuit court, in chancery, to set aside his decree in favor of plaintiff and grant a rehearing. This'rule requiring leave to appeal, as applied here, is in all legal import consonant with former practice on application for relief by the original prerogative writ of mandamus. Quail v. Cole, 260 Mich. 642.

Two…