Legal Opinion

Clairview Park Improvement Co. of Gross Pointe, Ltd. v. Wayne Circuit Judge

Michigan Supreme Court

Decided October 1, 1912No. Calendar No. 25,209PublishedCited by 1 opinion

Mandamus by the Clairview Park Improvement Company of Grosse Pointe, Limited, against George S. Hosmer, one of the Wayne circuit judges, to compel respondent to vacate orders denying a new trial to relator in certain ejectment proceedings in which relator was plaintiff.

1Opinion of the CourtStone, J.

This court has repeatedly held that under the provisions of section 10981, 3 Comp. Laws, the party against whom judgment shall be rendered, upon payment of costs, may have a new trial as of course in the action of ejectment. Van Den Brooks v. Correon, 48 Mich. 283 (12 N. W. 206); Keyser v. Sutherland, 59 Mich. 455-465 (26 N. W. 865). In the last-cited case, it was said that this was a right of which no court could debar the party. See, also, Dennison v. Genesee Circuit Judge, 37 Mich. 281-285.

In Rupiper v. Calloway, 105 Wis. 4 (80 N. W. 916), under a statute similar to ours, it was held that…

2Cases cited7 opinions

  1. Keyser v. SutherlandMichigan Supreme Court · 1886
  2. Roberts v. . BaumgartenNew York Court of Appeals · 1891
  3. Bray v. DohenySupreme Court of Minnesota · 1888
  4. Clairview Park Improvement Co. of Grosse Pointe, Ltd. v. Detroit & Lake St. Clair RailwayMichigan Supreme Court · 1910
  5. Rupiper v. CallowayWisconsin Supreme Court · 1899

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3Cited by1 opinion

  1. McBride v. Chippewa Circuit JudgeMichigan Supreme Court · 1918

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