Sharp v. Montcalm Circuit Judge
Michigan Supreme Court
Mandamus by Henry S. Sharp to compel Frank D. M. Davis, circuit judge of Montcalm county, to vacate an order denying a motion to dismiss an appeal from probate court.
1Per curiam
The probate judge of Montcalm county made an order allowing relator’s annual guardianship account. An appeal was taken from that order to the circuit court for said county. Relator moved to dismiss on the ground that the appeal was taken by one who had no right to take it. Respondent denied this motion. Relator asks us to compel him to grant it by issuing a writ of mandamus.
It is obvious that relator (provided he does nothing that amounts to a waiver) may review the order complained of by writ of error after final judgment. It is settled by many recent decisions of this court (see Michigan…
2Cases cited4 opinions
- Michigan Mutual Fire Insurance v. Wayne Circuit JudgeMichigan Supreme Court · 1897
- Cattermole v. Ionia Circuit JudgeMichigan Supreme Court · 1904
- Roberts v. Lenawee Circuit JudgeMichigan Supreme Court · 1905
- Chatfield v. Lenawee Circuit JudgeMichigan Supreme Court · 1905
3Cited by8 opinions
- City of Flint v. Genesee Circuit JudgeMichigan Supreme Court · 1906
- Geddis v. Wayne Circuit JudgeMichigan Supreme Court · 1908
- Mikkola v. Houghton Circuit JudgeMichigan Supreme Court · 1911
- Olds Motor Works v. Wayne Circuit JudgeMichigan Supreme Court · 1911
- Tarsney v. Wayne Circuit JudgeMichigan Supreme Court · 1908
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