Lepovsky v. Lapeer Circuit Judge

The circuit judge dismissed an appeal from justice’s court for failure of the appellant to give notice of the appeal to the attorney for appellee under former Circuit Court Rule No. 11, as amended in 1927, and found in 237 Mich. p. xxxiii. This is review by mandamus, under old procedure, and we have, therefore, the benefit of a return by the circuit judge.

Morley Gr. Crafts brought suit in replevin against Steve Lepovsky before a justice of the peace, and obtained judgment. Lepovsky appealed. Return on appeal was duly filed. Notice of appeal was mailed to Crafts. The case was placed on the…