Berkery v. Reilly
Michigan Supreme Court
Mandamus. Relator applied for mandamus to vacate an order allowing the filing of new affidavits nunc fro tunc in place o'f defective ones filed under the statute providing for filing transcripts of justices* judgments with the county clerk. The facts and points of counsel are fully stated in the opinion.
1Opinion of the Court
Champuin, O. J.
Petitioner, James S. Berkery, asks for a mandamus based upon the following facts;
On January 29, 1884, “ Thomas Bortz, for James B. Bortz,*’ sued Berkery before Charles H Borgman, one of the justices of the peace of Wayne county, in a plea of assumpsit, and recovered judgment on February 19, 1884, *162for $251.29 damages, and costs of suit, taxed at $4.50. On January 18, 1890, Thomas J. Corkery, as attorney for the plaintiff, made and filed an affidavit with Joseph C. Gibson, one of the justices of the peace of Wayne county, and who had control of tbe docket and judgment record of…
2Cases cited8 opinions
- Keefer v. MasonIllinois Supreme Court · 1865
- Bigelow v. BoothMichigan Supreme Court · 1878
- Pinkham v. CockellMichigan Supreme Court · 1889
- Wedel v. GreenMichigan Supreme Court · 1888
- Smith v. Circuit JudgeMichigan Supreme Court · 1881
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3Cited by14 opinions
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- Lochore v. City of SeattleWashington Supreme Court · 1917
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