Kearney v. Doyle

Campbell, Ch. J.

This case originated in a justice’s court, and was appealed by Kearney, .the defendant in that court, to the Circuit *295Court for the County of Washtenaw, by the ordinary appeal affidavit, and not for special matters. After having been for some time in the Circuit, and after he had, when noticed for trial, made an unsuccessful attempt to continue the cause, Kearney moved to dismiss, for the alleged reason that the person assuming to act as next friend had never been duly appointed; and this motion being denied, and the cause coming on for trial, the same objection was raised in…