Flynn v. Kalamazoo Circuit Judge
Michigan Supreme Court
Mandamus by Lawrence Flynn to compel John W. Adams, circuit judge of Kalamazoo county, to vacate an order denying a motion for an amended return.
1Opinion of the CourtHooker, J.
A judgment having been rendered against the relator in the circuit court for the county of Kalamazoo, an execution was issued. The sheriff returned that he levied the same upon real estate belonging to the execution debtor, had it appraised under the law pertaining to homesteads, and sold it at public auction for $2,300. Relator claimed that this was a false return, and, on a motion to vacate the sale, sought to contradict the return. *127This court held that this motion could not prevail in the face of the return standing of record in the case, and it was intimated that a proper'practice would…
2Cases cited9 opinions
- Mentz v. HammanSupreme Court of Pennsylvania · 1840
- Smith v. GainesSupreme Court of the United States · 1876
- Sample v. CoulsonSupreme Court of Pennsylvania · 1845
- Gelcich v. MoriartyCalifornia Supreme Court · 1878
- Stetson v. FreemanSupreme Court of Kansas · 1886
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