Denver & Rio Grande Western Railroad v. Wayne Circuit Judge

Plaintiffs seek by mandamus to compel the trial judge to vacate an order denying a petition for a delayed appeal from a judgment rendered against it in justice’s court in Detroit in favor of one Martin Mertz.

Section 22, Act No. 475, Local Acts 1908, providing for such appeals, reads as follows:

“Appeals may be authorized by the circuit court of the county of Wayne, when the party making the appeal has been prevented from making a defense upon the merits of the.case in which such appeal is taken by circumstances not under his control; and such appeal may also be authorized when justice requires…