Brockway v. Kent Circuit Judge

The trial judge dismissed on motion an appeal from justice’s court for the reason that notice of the appeal had not been served within five days after the filing of the return on appeal in the office of the county clerk as required by Circuit Court Rule No. 11 (237 Mich, xxxiii). Plaintiff seeks on mandamus to have the order of dismissal vacated.

The return on appeal was filed by the county clerk on September 18,1928, and given the number 31726. Within the five days the following papers were filed in the cause and served on counsel for defendant.

“State of Michigan — In the Circuit Court for…