Legal Opinion

People ex rel. Parsons v. Circuit Judge

Michigan Supreme Court

Decided October 9, 1877PublishedCited by 27 opinions

Mandamus to vacate an order setting aside a pluries writ of execution. The facts are in the opinion.

1Opinion of the CourtCooley, C. J.

It appears in this case that the relator obtained a judgment against Mark Flanigan and Edward Chope April 21, 1866, on a return of process personally served; that he took out execution August 1, 1873, an alias April 24, 1876, and a pluries May 27, 1876, and that the pluries writ was set aside by the circuit court on an affidavit of Chope showing that it was issued more than ten years from the entry of judgment, and affirming that he was never served with process. Mandamus is applied for to compel the circuit court to vacate the order setting aside this writ.

The ground principally relied upon…

2Cases cited3 opinions

  1. Ludwig v. StewartMichigan Supreme Court · 1875
  2. Jerome v. WilliamsMichigan Supreme Court · 1865
  3. Chapman v. DeaseMichigan Supreme Court · 1876

3Cited by27 opinions

  1. Fullerton v. LammOregon Supreme Court · 1945
  2. Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
  3. McKisson v. DavenportMichigan Supreme Court · 1890
  4. Hall v. Street CommissionersMassachusetts Supreme Judicial Court · 1901
  5. Kraus v. MICH. DEPARTMENT OF COMMERCEMichigan Supreme Court · 1996

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