Legal Opinion

McMillan v. Wayne Circuit Judge

Michigan Supreme Court

Decided March 3, 1909No. Calendar No. 22,946PublishedCited by 2 opinions

Mandamus by Frank McMillan and another to compel George S. Hosmer, circuit judge of Wayne county, to vacate an order denying a motion to set aside a judgment.

1Opinion of the CourtGrant, J.

Relators ask the writ of mandamus to compel respondent to vacate an order made by him refusing to set aside a judgment rendered against them and their codefendant, one Sloman. Judgment was rendered upon a promissory note executed by Sloman, now deceased, and indorsed by the relators. This note was given in place of another executed by the same parties, upon which suit was brought and discontinued by agreement, and the note involved in this suit given. Suit was commenced by filing declaration and rule to plead. These were duly served upon all the defendants in the suit. Sloman was intrusted…

2Cited by2 opinions

  1. McDonald v. KerstenMichigan Court of Appeals · 1970
  2. McGurrin Sales Agency v. Jackson Circuit JudgeMichigan Supreme Court · 1921

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