Kentucky Wagon Manfg. Co. v. Kalamazoo Circuit Judge
Michigan Supreme Court
Mandamus by the- Kentucky Wagon Manufacturing Company to compel George V. Weimer, circuit judge of Kalamazoo county, to vacate an order setting aside a default judgment.
1Opinion of the CourtFellows, J.
(after stating the facts). The findings of fact made by the circuit judge are supported by testimony taken upon the hearing of the motion. His return to the order to show cause has not been traversed by any pleading filed in this court. We are pointed to no practice which would permit us, upon this state of the pleadings, to try out again the facts *269found and returned by the circuit judge to be the facts in the case. Under repeated decisions of this court the return of the circuit judge unless traversed must be taken as true.
Circuit Court Rule No. 32, § 4, so far as important here, provides:
“In…
2Cases cited10 opinions
- In re JosephMichigan Supreme Court · 1919
- Petley v. Wayne Circuit JudgeMichigan Supreme Court · 1900
- W. H. Warner Coal Co. v. NelsonMichigan Supreme Court · 1918
- Carpenter v. Judge of Superior Court of Grand RapidsMichigan Supreme Court · 1901
- Caille Bros. v. Saginaw Circuit JudgeMichigan Supreme Court · 1909
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3Cited by7 opinions
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- Hakes v. Kent Circuit JudgeMichigan Supreme Court · 1921
- McGurrin Sales Agency v. Jackson Circuit JudgeMichigan Supreme Court · 1921
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