Defoe v. Bay Circuit Judge
Michigan Supreme Court
Mandamus by Joseph Defoe to compel Andrew C. Maxwell, circuit judge of Bay county, to vacate an order dismissing an appeal from probate court.
1Opinion of the CourtMoore, J.
In 1896 the Detroit & Mackinac Railway-Company condemned, by proceedings in probate court, certain lands formerly owned by Francis Defoe, who is now dead. These lands were found in the proceedings to be worth $890. A dispute arose about who was entitled to this fund. The relator claimed it belonged to him, except the widow’s right of dower therein; while the heirs at law of Francis Defoe, deceased, claimed it belonged to the administrator of his estate. The probate 'court, acting under the provisions of section 3338, 1 How. Stat., after setting aside a portion of the fund as dower to the…
2Cases cited7 opinions
- Goss v. StoneMichigan Supreme Court · 1886
- Hart v. Circuit Judge for Shiawassee CountyMichigan Supreme Court · 1885
- First National Bank v. E. T. Barnum Wire & Iron WorksMichigan Supreme Court · 1885
- Sparrow v. Ingham Circuit JudgeMichigan Supreme Court · 1896
- Smith v. Superintendents of the PoorMichigan Supreme Court · 1876
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3Cited by4 opinions
- United States Gypsum Co. v. Kent Circuit JudgeMichigan Supreme Court · 1908
- Hartz v. JudgeMichigan Supreme Court · 1910
- In re Koenig's EstateMichigan Supreme Court · 1908
- Pere Marquette Railroad v. United States Gypsum Co.Michigan Supreme Court · 1907