Sherwood v. Arnold
Michigan Supreme Court
Mandamus. Relators applied for a mandamus to vacate an order requiring a justice of tbe peace to make a return to a writ of certiorari. The facts are stated in the opinion.
1Opinion of the CourtChamplin, C. J.
Peter Caulkett sued relators before a justice of the peace, and the cause was tried on January 17, and judgment rendered in favor of the defendants. On January 18 the plaintiff filed with the justice a written notice of his intention to remove the cause to the circuit court by certiorari, and on the same day made the affidavit as foundation for the writ. He presented this affidavit on the same day to the circuit court commissioner, who indorsed thereon his allowance of the writ, and also approved the bond. The plaintiff then on the same day presented the affidavit to the clerk of the circuit…
2Cited by4 opinions
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