Taylor v. Montcalm Circuit Judge
Michigan Supreme Court
Mandamus by Henrietta W. Taylor to compel Frank D. M. Davis, circuit judge of Montcalm county, to vacate an order dismissing an appeal from justice’s court. Delator brought suit in justice’s court in trover for the conversion of certain stone which she alleged the defendant removed from her land. The defendant, with his plea, gave notice that the title to the land would come in question, filed the statutory bond, and the case was thereupon certified to the circuit court.
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Mandamus by Henrietta W. Taylor to compel Frank D. M. Davis, circuit judge of Montcalm county, to vacate an order dismissing an appeal from justice’s court. Delator brought suit in justice’s court in trover for the conversion of certain stone which she alleged the defendant removed from her land. The defendant, with his plea, gave notice that the title to the land would come in question, filed the statutory bond, and the case was thereupon certified to the circuit court. The case was heard before the court without a jury. The court found that the title to the land was not in question, and…
1Per curiam
The provisions of the statute applicable *693to this case are sections 782, 789, 1 Comp. Laws 1897. They read as follows:
“Sec. 782. In every action where the title to land shall in anywise come in question, the defendant may give notice thereof, under the general issue, upon the return day or any adjourned day of such action, and he may also give notice as in other cases of any other matter of defense.”
“Sec. 789. If the judgment in such suit in the circuit ■or district court shall be for the plaintiff, he shall recover double costs; if it be for the defendant (other than judgment of nonsuit), and…
2Cases cited2 opinions
- Newcombe v. IrwinMichigan Supreme Court · 1885
- Dolahanty v. LuceyMichigan Supreme Court · 1894