Legal Opinion

Klotz v. Lenawee Circuit Judge

Michigan Supreme Court

Decided February 3, 1910No. Calendar No. 23,672Published

Mandamus by Effie Klotz to compel John L. O’Mealey, circuit judge of Lenawee county, to vacate an order extending the time to take an appeal.

1Opinion of the CourtStone, J.

This is a petition for mandamus to compel the respondent to set aside an order made on August 23, 1909, extending the time for filing notice of appeal and settling the testimony in a chancery case that had been disposed of by a decree of said court.

The petition for mandamus states that the decree was made and filed October 22, 1908, but the return of the respondent gives the date of the decree as December 15, 1908. The order complained of was based on the affidavit of Theodore M. Joslin, which stated that he was the solicitor for the defendants in the said chancery cause, and that after the…

2Cases cited2 opinions

  1. Bliss v. TylerMichigan Supreme Court · 1909
  2. Witham v. Clinton Circuit JudgeMichigan Supreme Court · 1907

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