People ex rel. Detroit & Birmingham Plank Road Co. v. Judge of the Wayne Circuit Court
Michigan Supreme Court
Application for mandamus. The relator instituted proceedings before a justice of the peace against one Daniel Bassett to recover the statutory-penalty for forcibly and illegally passing one of the tollgates on relator’s road. The cause was tried by a jury and resulted in a verdict and judgment for defendant. From this judgment the relator appealed to the Wayne circuit court.
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Application for mandamus. The relator instituted proceedings before a justice of the peace against one Daniel Bassett to recover the statutory-penalty for forcibly and illegally passing one of the tollgates on relator’s road. The cause was tried by a jury and resulted in a verdict and judgment for defendant. From this judgment the relator appealed to the Wayne circuit court. The affidavit for appeal was made by Edwin F. Conely, but it did not set forth that it was made by him as agent or attorney for the relator, appellant, or that he was such agent or attorney, or in any way authorized to…
1Per curiam
The dismissal of the appeal was erroneous. Our statutes (Comp. L. 1871, §§ 5451, 5453) provide that no appeal shall be dismissed on account of any informality or imperfection in the appeal bond, if the appellant and his sureties consent to amend the same, or if another sufficient bond, to be approved by the court, shall be filed; nor on the ground of a defective affidavit, etc., if the appellant, his agent or attorney, shall make a correct affidavit. Under these statutes leave should have been granted to file the proffered affidavit and bond. Moreover the bond was sufficient as it was. The…
2Cited by4 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Cole v. Wayne Circuit JudgeMichigan Supreme Court · 1895
- Swarthout v. LucasMichigan Supreme Court · 1894
- Bradley v. AndrewsMichigan Supreme Court · 1883