People ex rel. Wiley v. Judge of Allegan Circuit
Michigan Supreme Court
Application for mandamus.
1Opinion of the CourtChristiancy, J.
Though it is true in a qualified sense that the payment’ of one dollar to the justice for making his return to an appeal under the justice’s act, is not necessarily a jurisdictional fact, because the justice may waive its payment, and may make his return without it, in which case it will, under section 201/. {Comp. L., § 51/52), be conclusively presumed to have been paid; yet, on the other hand, the payment within five days after the rendition of the judgment, of this one dollar to the justice for making his return, as well as the costs of the opposite party included in the judgment, is, by…
2Cases cited5 opinions
- People ex rel. Barrett v. BaconMichigan Supreme Court · 1869
- Palms v. CampauMichigan Supreme Court · 1862
- Conrad v. FreelandMichigan Supreme Court · 1869
- Pearsons v. EatonMichigan Supreme Court · 1869
- People ex rel. Drew v. Judges of the Circuit CourtMichigan Supreme Court · 1844
3Cited by17 opinions
- Payne v. MuskegonMichigan Supreme Court · 1994
- Taylor v. Ottawa Circuit JudgeMichigan Supreme Court · 1955
- Reed v. St. Clair Circuit JudgeMichigan Supreme Court · 1899
- People ex rel. Denison v. ButlerSupreme Court of Colorado · 1897
- State ex rel. Freyesleben v. Ninth Judicial District CourtNevada Supreme Court · 1916
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