Campau v. Coates
Michigan Supreme Court
Certiorari to Wayne Circuit. This was a proceeding commenced before a Circuit Court Commissioner to recover possession of certain premises, and removed to the Circuit Court on appeal. Judgment was rendered in favor of plaintiff below. The facts are stated in the opinion. It has been hinted that the order of which we complain was in the discretion of the court. This certainly is not a tenable position. Our judgment was regular. No complaint was made of it.
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Certiorari to Wayne Circuit. This was a proceeding commenced before a Circuit Court Commissioner to recover possession of certain premises, and removed to the Circuit Court on appeal. Judgment was rendered in favor of plaintiff below. The facts are stated in the opinion. It has been hinted that the order of which we complain was in the discretion of the court. This certainly is not a tenable position. Our judgment was regular. No complaint was made of it. The parties stipulate that the execution upon it shall be stayed till another suit is determined. That suit is determined by a non-suit,…
1Opinion of the Court
Campbell J.
Campan having obtained a judgment in the Wayne Circuit Court iu a case of proceedings on appeal to obtain the possession of lands under the landlord and tenant act, the court, at a subsequent term, set aside the judgment, and ordered restitution of the premises which had been obtained a few days before upon process issued on the judgment. This action is brought before us on certiorari.
We have heretofore held that the power of the court to set aside a judgment is not confined in. its exercise to the same term at which the judgment was rendered.— Van Rensselaer v. Whiting, 12 Mich.…
2Cases cited1 opinion
- Van Renselaer v. WhitingMichigan Supreme Court · 1864
3Cited by4 opinions
- Partch v. BairdMichigan Supreme Court · 1924
- L. & S. Bearing Co. v. Morton Bearing Co.Michigan Supreme Court · 1959
- In Re KoehlerNew Jersey Superior Court Appellate Division · 1928
- Skinner v. HannanNew York Supreme Court · 1894