Hamilton Carhartt Cotton Mills v. Wayne Circuit Judge

Plaintiff seeks in this proceeding to compel the circuit judge to dismiss a writ of certiorari issued on application of Nelson Company to review a judgment in justice’s court rendered in favor of plaintiff, on the ground of defective service. Defendant objects to mandamus as not being the proper remedy. Unless we disregard numerous holdings of this court this objection must be sustained. Defendant by refusing to dismiss the writ retained jurisdiction of the case; the appropriate remedies to’ review this question and all others involved in the case are open to plaintiff, and following such…