McBride v. Chippewa Circuit Judge

Dayton W. Closser recovered judgment in ejectment against relator August 2, 1913. The judgment was affirmed in this court October 2, 1914. Closser v. McBride, 182 Mich. 594. On May 1, 1917, relator applied for a new trial on payment of costs which motion the court denied. This proceeding is brought to set aside the order denying relator’s motion for a new trial, and to have an order entered granting the motion.

We quote from relator’s brief:

“The statute, 3 Comp. Laws, § 10981, provides for a new trial in ejectment as a matter of right within three years after judgment. See Clareview Park…