Kitchin v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by Minnie B. Kitchin, executrix of the estate of Sanford T. Kitchin, deceased, to compel DeWitt H. Merriam, circuit judge of Wayne county, to vacate an order denying a motion for an extension of time to perfect an appeal.
1Opinion of the CourtClark, C. J.
Decree was entered October 31st. Plaintiff sought appeal. A transcript was ordered from the stenographer. It was furnished on November 12th. On November 20th, plaintiff filed in the cause motion for extension of time to settle the case on appeal, showing cause and giving notice that the same would be brought on for hearing before the judge on November 26th. The motion was denied. Plaintiff prays relief by mandamus.
At any time between the entry of the decree and the furnishing of the transcript, an extension of time might have been had on ex parte application to the judge and on production of…
2Cited by1 opinion
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