Jennings v. Kalamazoo

This is an application for respondent to show cause why a certain motion made in a cause pending in the circuit court should not be granted. In a cause heard.on appeal from justice’s court, judgment was rendered December 1st, 1879, against one of the defendants for damages and costs. On the 31st day of January, 1880, an execution was issued, but dated back so that it appeared on its face to have been issued December 22d, 1879. A motion was afterwards made, based upon a showing of the above facts, for an order that the execution be returned by the sheriff, and that the same be set aside or…