Smith v. Circuit Judge
Michigan Supreme Court
Mandamus to set aside a sale, levy, execution and judgement based upon a transcript of a judgment by a justice.
1Opinion of the CourtMarston, C. J.
The motion made in this ease raises two questions. Suit was commenced against' the relator before Samuel R. Rockwell, a justice of the peace. On the return day the parties appeared, joined issue and the cause was adjourned by consent. The following entry next appears upon the justice’s docket: “ On account of sickness "W". Fox tries the suit. S. R. Rockwell, J. P.” On the adjourned day the parties appeared and the cause was tried, without objection, upon the merits, before Justice Fox, and a judgment rendered by him against the defendant.
We are of opinion that the judgment so rendered was…
2Cited by6 opinions
- Berkery v. ReillyMichigan Supreme Court · 1890
- In re GrayeMontana Supreme Court · 1907
- Shepard v. SchruttMichigan Supreme Court · 1910
- Clark v. Kent Circuit JudgeMichigan Supreme Court · 1900
- Woldenberg v. HainesOregon Supreme Court · 1899
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