People ex rel. Smith v. Judge of the Wayne Circuit Court

Application for mandamus. The relator brought suit in the Wayne circuit against Zina Lloyd, by summons in a plea of “trespass on the Case,” which was duly served. He afterwards declared in an action for breach of covenant. Defendant's counsel moved to set aside this declaration, on account of its variance from the summons in respect to the form of action, which motion the respondent granted, after full argument, and an order was entered in said cause setting aside the declaration and striking it from the files. The only ground upon which this order was granted was the variance aforesaid. The…