Smith v. Lapeer Circuit Judge

The plaintiff seeks a writ of mandamus to review contempt proceedings in which an order was entered requiring him to pay Jessie Oviatt the sum of $1,054.07 within ten days and in default thereof to be confined in the Lapeer county jail until payment was made.

Herbert W. Smith, the plaintiff herein, was attorney for Jessie Oviatt in litigation involving certain premises of the value of $1,450. While this relationship existed, the premises were sold on mortgage foreclosure to Smith for $220. After the time for redemption expired, Mrs. Oviatt made a tender to Smith of the amount paid by him on…