Donovan v. Guy

On leave granted (see Michigan Court Rule No 60, § l[b] [1945]), plaintiff appeals in the nature of mandamus from an opinion and an order of the circuit court granting a new trial. We hear the appeal as a motion. See Michigan Court Rule No 70, § 2 (1945). Appellant prays that we direct the trial court to set aside its order (made on plaintiff’s declination to remit $3,000 from the verdict) granting a new trial and that we direct the trial court to re-enter the judgment entered by the clerk on the verdict of $5,000 damages in favor of plaintiff against the defendants. Defendants have not…