Hatch v. Washtenaw Circuit Judge

November 2, 1917, the plaintiff obtained a judgment against the defendant in the circuit court. On December 5, 1917, an execution was issued thereon. December 5, 1917, the defendant filed a bond for the purpose of staying the execution and petitioned the court to recall the execution. This the court declined to do, and defendant asks for a writ of mandamus to compel him to do so, relying upon the case of Peterson v. Wayne Circuit Judge, 108 Mich. 608.

The statute calling for construction is Act No. 314, of the Public Acts of 1915, chap. 22, § 23 (3 Comp. Laws 1915, § 12812), and reads:

*2“No stay…