Leahy v. Wayne Circuit Judge

Montgomery, J., The relators were defendants in an action of ejectment instituted in the Wayne circuit court. The plaintiff was Julia B. Warren. On the 5th day of February, 1905, the default of defendants in the action (relators) was entered. On the 25th of February, 1905, this default was, on motion of defendants, set aside on condition that a plea be entered forthwith, and the cause stand for trial at plaintiff’s election. The case was thereupon assigned to Judge Rohnert’s division for trial and. regularly reached on said 25th day of February. A jury was impaneled, and testimony taken on…