Legal Opinion

Adams v. Hosmer

Michigan Supreme Court

Decided December 4, 1893PublishedCited by 8 opinions

Mandamus. Eelator applied for mandamus to compel respondent to hold valid an order of publication, and to proceed and hear the canse. The facts are stated in the opinion.

1Opinion of the CourtHooker, C. J.

The relator filed a bill for divorce, and procured an order of publication upon an affidavit which alleged that the defendant was a resident of the state of Oregon. This affidavit was sworn to on Saturday at a late hour, and the order was obtained from one of the. circuit judges early Monday morning. Upon the hearing of the case, the bill being taken as confessed for want of appearance, the court (another judge) refused to hear the cause, upon the ground that the court had no jurisdiction. An application -is now made for a mandamus to compel the court to hold valid the order of publication,…

2Cases cited3 opinions

  1. Platt v. StewartMichigan Supreme Court · 1862
  2. New York Baptist Union for Ministerial Education v. AtwellMichigan Supreme Court · 1893
  3. Soule v. HoughMichigan Supreme Court · 1881

3Cited by8 opinions

  1. Whitney v. KnowltonWashington Supreme Court · 1903
  2. United States v. MilanaDistrict Court, E.D. Michigan · 1957
  3. Roosevelt v. Land & River Co.Wisconsin Supreme Court · 1901
  4. Union Guardian Trust Co. v. GrevninMichigan Supreme Court · 1933
  5. Atkinson v. AtkinsonUtah Supreme Court · 1913

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