Rose v. Palmer

The petition in this case is for mandamus to require the circuit judge to grant a new trial in the case of Luton v. Rose, tried in the Newaygo circuit, wherein a judgment was obtained by default for $1,525.25.

The suit was commenced by attachment, which was levied upon land, and the writ was also personally served upon the defendant.

13381

*333The declaration was upon the common counts, the ad damnum being stated at $1,000. The plaintiff, against the objection of defendant, was allowed to remit the excess above the ad damnum. It was then ascertained that a draft of an affidavit of non-appearance of…