Kowalsky v. Wayne Circuit Judge

Plaintiff asks for' a writ of mandamus directing defendant to grant her leave to appeal from a judgment in a summary proceeding before a circuit court commissioner. She claims she was prevented from taking an appeal within the period of right by circumstances beyond her control; that the day the summons was served she became ill and was confined to her home about 18 days; that she gave her husband the amount of money she claimed due the plaintiff in the proceeding before the commissioner, and instructed him to go and make payment, and also handed him the summons; that her husband assured her…