Legal Opinion

Mayhew v. Snell

Michigan Supreme Court

Decided January 7, 1876PublishedCited by 2 opinions

Certiorari to Huron Circuit. This writ was sued out to review the action of tho court below in declining on motion to vacate a judgment docketed in the circuit upon a transcript filed therein of a justice’s judgment. The grounds of the motion, were, (1) that the affidavit for the transcript was not signed; and (2) that the justice’s judgment was Yoid for want of proof of authority of the plaintiff’s attorney, the defendant having failed to appear. — See Comp. L. 1871, § 5305.

1Opinion of the Court

Tiije Court

held that to review the validity of the justice’s judgment on this writ would be to assail it collaterally, and that it is not open to collateral • attack for such defects. —See Reed v. Gage, supra, p. 179.

Writ quashed.

2Cited by2 opinions

  1. Township of Fruitport v. DickermanMichigan Supreme Court · 1892
  2. American Copying Co. v. SternMichigan Supreme Court · 1907