Legal Opinion

Hathaway v. Marquette Circuit Judge

Michigan Supreme Court

Decided June 14, 1898PublishedCited by 1 opinion

Mandamus by Frank W. Hathaway and others to compel John W. Stone, circuit judge of Marquette county, to strike a cause from the calendar.

1Opinion of the CourtMoore, J.

The relators ask for a writ of mandamus to compel the circuit judge to strike from the circuit court calendar for the May term a case, for the reason that it was improperly noticed. The notice was in proper form, but was not signed with the names of the attorneys for the plaintiff. The omission to attach the signatures of the attorneys before the words “Attorneys for Plaintiff” was undoubtedly an oversight. The record shows that the service was made personally by one of the attorneys for the plaintiff upon one of the attorneys for defendants. The circuit judge returns that, upon the hearing…

2Cases cited2 opinions

  1. Niles v. RansfordMichigan Supreme Court · 1849
  2. Rogers v. HoskinsSupreme Court of Georgia · 1853

3Cited by1 opinion

  1. State v. BickfordNorth Dakota Supreme Court · 1913

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