Lapham v. Wayne Circuit Judge

This is a petition for writ of mandamus to compel the defendant to set aside an order made by him in the Wayne county circuit court, dismissing plaintiff’s declaration and denying him leave to amend.

Plaintiff brought an action of ejectment. The defendant therein made a motion to dismiss the declaration because it ■ did not have attached thereto a statement of title as required by section 13184, 3 Comp. Laws 1915. After argument, the court granted the motion. Plaintiff moved orally to amend the declaration, but made no profert of amendment. His counsel then stated that his claim of title was…