Schmid v. Wayne Circuit Judge

{dissenting). I do not agree that the writ should be granted. The appellant has been decreed by an order of probate court to be the sole heir at law of Frederick N. Kieler, deceased. Considerable property is involved, including title to real estate. Certain other persons, claiming to be heirs at law, directed their attorney to take an appeal from that order to the circuit court. This is ad mitted in an affidavit of the attorney. The attorney, in his affidavit, states that through no fault or neglect of his clients, but through his own mistake as to time, his attempted appeal was filed two…