McLeod v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by Charles McLeod to compel Byron S. Waite, circuit judge of Wayne county, to vacate an order quashing a writ of capias ad respondendum. Relator commenced a suit -by capias against two persons named James N. and Frank E. Matthews. The proceedings were quashed for a defective affidavit. Relator exchanged land with the defendants, Matthews.
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Mandamus by Charles McLeod to compel Byron S. Waite, circuit judge of Wayne county, to vacate an order quashing a writ of capias ad respondendum. Relator commenced a suit -by capias against two persons named James N. and Frank E. Matthews. The proceedings were quashed for a defective affidavit. Relator exchanged land with the defendants, Matthews. The affidavit states that the Matthewses represented that they owned an equity in the land they deeded to him by virtue of a laud contract; that they were in possession, and collecting $15 per month rent; that he made the trade relying upon these…
1Per curiam
(after stating the facts). We think the affidavit sufficient, within the following authorities: Paulus v. Grobben, 104 Mich. 42 (62 N. W. 160); Hatch v. Saunders, 66 Mich. 181 (33 N. W. 178).
The writ will issue.
2Cases cited2 opinions
- Paulus v. GrobbenMichigan Supreme Court · 1895
- Hatch v. SaundersMichigan Supreme Court · 1887