Jacobs v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by Abram Jacobs to compel Flavius L. Brooke, circuit judge of Wayne cbunty, to dismiss a writ of certiorari. The relator brought suit in justice’s court against the 'Grand Trunk Railway Company for breach of a contract of carriage. The first summons was not served. An alias summons was issued and duly served. The defendant appeared. Several adjournments were had. On the day of the final adjournment, plaintiff filed his declaration.
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Mandamus by Abram Jacobs to compel Flavius L. Brooke, circuit judge of Wayne cbunty, to dismiss a writ of certiorari. The relator brought suit in justice’s court against the 'Grand Trunk Railway Company for breach of a contract of carriage. The first summons was not served. An alias summons was issued and duly served. The defendant appeared. Several adjournments were had. On the day of the final adjournment, plaintiff filed his declaration. Defendant filed a plea to the jurisdiction, alleging that the cause of action accrued in Canada, that the,defendant was a foreign corporation, and that…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The railway company knew, or' should have known, of the j udgment rendered against it in season to transfer the case to the circuit court by one of the statutory methods, — appeal or certiorari. It is not claimed that it was prevented from taking such steps by circumstances beyond its control. It could have appealed generally or specially, or procured a writ of certiorari, in accordance with section 935 et seq., 1 Comp. Laws. Instead, it chose to wait nearly two months, and then apply for the common-law writ of certiorari. The want of jurisdiction does not appear…
2Cases cited5 opinions
- Moore v. McIntyreMichigan Supreme Court · 1896
- Withington v. SouthworthMichigan Supreme Court · 1873
- Adams v. AbramMichigan Supreme Court · 1878
- White v. BoyceMichigan Supreme Court · 1891
- Township of Blumfield v. BrownMichigan Supreme Court · 1902