Schmid v. Wayne Circuit Judge

Plaintiff herein seeks our writ of mandamus directing the circuit court for the county of Wayne to vacate an order allowing a special appeal.

October 10, 1940, Charles Kieler filed a petition in the probate court for the county of Wayne for determination of the heirs of Frederick N. Kieler, deceased, averring that he was a nephew and an heir at law. December 4, 1940, the probate court adjudged Lula Schmid to be the daughter and sole heir of the deceased. December 26, 1940, Norman J. Kieler, also a nephew of the deceased, took an appeal as of right to the circuit court. Upon motion, that appeal…