Boyle v. Berg

(after stating the facts). Both cases will be disposed of in one opinion, as the facts are identical. Plaintiff’s counsel has traversed the return, and asks for the framing of an issue to determine the questions of whether the surety had the property he claimed to own and was worth the amount he claimed he was, and whether the order as entered in the journal and as signed by the circuit judge was in accordance with the opinion of the circuit judge as originally announced by him. He also asks that the issue be tried by a circuit judge other than the judge of the Muskegon circuit. We must…