People ex rel. Worden v. Judge of Manistee Circuit
Michigan Supreme Court
Application for Mandamus. The respondent at chambers, upon the ex parte application of the attorneys of a plaintiff in error who “at the time of serving the writ” of error (Comp. L. 1871, § 7122) had neglected to file a bond to stay or supersede execution, ordered that plaintiff in error have leave to file such bond nunc pro time, and thereby have recalled a previously issued execution.
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Application for Mandamus. The respondent at chambers, upon the ex parte application of the attorneys of a plaintiff in error who “at the time of serving the writ” of error (Comp. L. 1871, § 7122) had neglected to file a bond to stay or supersede execution, ordered that plaintiff in error have leave to file such bond nunc pro time, and thereby have recalled a previously issued execution. The application for such order, and the order, were both made after return had been made to the supreme court of the writ of error. Application is now made by defendant in error, upon notice and appearance by…
1Opinion of the Court
The Court
held that if any power existed after return made to the writ of error, to allow the bond to be filed nune pro tunc and operate a3 a supersedeas, it was in the supreme court, where the judgment had been removed, and”that the circuit court had no authority to make the order complained of.
"Writ granted.
2Cited by4 opinions
- State v. HilbergUtah Supreme Court · 1900
- Bock v. Sauk Center Grocery Co.Supreme Court of Minnesota · 1907
- Coeling v. BarnardMichigan Supreme Court · 1910
- Hendricks v. McCauseyMichigan Supreme Court · 1941