Legal Opinion

Berkery v. Reilly

Michigan Supreme Court

Decided August 1, 1890PublishedCited by 14 opinions

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

  1. Keefer v. MasonIllinois Supreme Court · 1865
  2. Bigelow v. BoothMichigan Supreme Court · 1878
  3. Pinkham v. CockellMichigan Supreme Court · 1889
  4. Wedel v. GreenMichigan Supreme Court · 1888
  5. Smith v. Circuit JudgeMichigan Supreme Court · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Apsey v. Memorial HospitalMichigan Court of Appeals · 2005
  2. In Re Alston's EstateMichigan Supreme Court · 1924
  3. Midland Steel Co. v. Citizens National BankIndiana Court of Appeals · 1904
  4. Wallace v. WallaceMichigan Court of Appeals · 1970
  5. Lochore v. City of SeattleWashington Supreme Court · 1917

9 more not listed; retrieve them via the Exa API.

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