Swantek v. Jarmoszki
Michigan Supreme Court
Error to Kent; McDonald, J. ' Assumpsit by Peter Swantek against Stephan Jarmoszki for work and labor. Plaintiff recovered judgment for an insufficient amount, and appealed to the circuit court. A judgment sustaining defendant’s plea puis darrein continuance, and dismissing the appeal, is reviewed by plaintiff on writ of error.
1Opinion of the CourtOstrander, J.
Plaintiff appealed to the circuit court *618from a judgment in his favor rendered in justice’s court. The return on appeal was made and filed May 19, 1908, and shows a valid judgment rendered May 11, 1908. Thereafter, on June 9, 1908, the attorney for the defendant made an affidavit for a writ of certiorari which was allowed and issued June 10, 1908, and to this writ the justice made a return dated June 30, 1908. The use first made of the return to the writ of certiorari and the effect given to it in the circuit court is indicated by the opinion of this court reported in 159 Mich., at page 99…
2Cases cited5 opinions
- People ex rel. Esper v. Detroit & Saline Plank-Road Co.Michigan Supreme Court · 1900
- Weaver v. LammonMichigan Supreme Court · 1886
- Toliver v. BrownellMichigan Supreme Court · 1893
- Burt v. Circuit JudgesMichigan Supreme Court · 1892
- Swantek v. JarmoszkaMichigan Supreme Court · 1909
3Cited by2 opinions
- People v. KnopkaMichigan Supreme Court · 1922
- Swantek v. JarmozskiMichigan Supreme Court · 1913