Monroe v. Reynells
Michigan Supreme Court
Error to Kalamazoo; Adams, J. Trespass bjr Ebenezer W. Monroe against Daniel W. Reynells. Plaintiff recovered a judgment in justice’s court, and defendant took out a writ of certiorari to the circuit. From an order dismissing the writ, defendant brings error.
1Opinion of the CourtHooker, C. J.
The defendant in an action before a justice of the peace attempted to review an adverse judgment on certiorari in the circuit court, but on motion of the plaintiff the circuit judge dismissed the writ, and the defendant has appealed. The ground upon which the cii’cuit judge acted is not disclosed. There are, however, reasons mentioned in the appellee’s brief, which are said to justify his action:
1. The affidavit and bond were presented to a circuit court commissioner of another county than that of the justice, and the writ was allowed and the bond was approved by him.
2. The writ of certiorari…
2Cases cited1 opinion
- Loder v. LittlefieldMichigan Supreme Court · 1878
3Cited by2 opinions
- Attorney General ex rel. Gibson v. Board of SupervisorsMichigan Supreme Court · 1905
- Nelson v. HillenMichigan Supreme Court · 1911