Alspaugh v. Ionia Circuit Judge
Michigan Supreme Court
Mandamus by James H. Alspaugh and wife to compel Frank D. M. Davis, circuit judge of Ionia county, to vacate an order setting aside a judgment of nonsuit, and to retax the costs in the suit.
1Opinion of the CourtHooker, J.
On July 14, 1897, Alspaugh and wife were in possession of premises purchased by them from Badger, who held their mortgage upon the premises. An action of ejectment was commenced against them to recover these premises by the city of Ionia. Alspaugh and wife appeared and filed a plea of the general issue, accompanied by a notice of a claim for improvements. Badger asked and obtained leave to appear and defend, claiming to be an interested party, and filed a plea of the general issue. Subsequently Badger’s death was suggested, and his administrator appeared. On April 4, 1900, plaintiff’s…
2Cases cited2 opinions
- Fort Wayne & Belle Isle Railway Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1896
- Fort Wayne & Belle Isle Ry. Co. v. Circuit JudgeMichigan Supreme Court · 1896
3Cited by3 opinions
- J. L. Hudson Co. v. BarnettMichigan Supreme Court · 1931
- Grigsby v. LilesSupreme Court of Alabama · 1962
- Crew v. ZabowskyMichigan Supreme Court · 1959