Legal Opinion

Small v. Newaygo Circuit Judge

Michigan Supreme Court

Decided July 23, 1915No. Calendar No. 26,705Published

Mandamus by Fred L. Small and others against Joseph Barton, circuit judge for the county of Newaygo, to compel respondent to enter an order authorizing relators to file an amended bond on appeal and vacate an order granting the motion to strike the appeal bond from the files.

1Opinion of the Court

On the 23d or 24th day of December, 1914 (upon the question of date the record is not clear), one John McKinley, as plaintiff, secured a judgment against relators herein, as defendants, in the circuit court for the county of Newaygo. Upon the same day an order was made that:

“All proceedings in this cause, except taxation of costs, be stayed for a period of 20 days, and a further period of 60 days upon the filing of a good and sufficient bond, the sureties thereon to justify in twice the amount of the judgment, said bond to be approved by the clerk of this court, for the purpose of moving for…

2Cases cited1 opinion

  1. Flynn v. Kalamazoo Circuit JudgeMichigan Supreme Court · 1904

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