Gray v. Saginaw Circuit Judge
Michigan Supreme Court
Mandamus to compel respondent to amend a judgment in replevin so as to require the return of the property to relator, who was the defendant in the action and who prevailed therein. The action was originally brought in justice’s court to obtain possession of a mare held b.y relator ■■and the mare was taken on the writ, and the plaintiff had judgment. On appeal this judgment was reversed, but the judgment then entered for defendant did not order the return of the mare.
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Mandamus to compel respondent to amend a judgment in replevin so as to require the return of the property to relator, who was the defendant in the action and who prevailed therein. The action was originally brought in justice’s court to obtain possession of a mare held b.y relator ■■and the mare was taken on the writ, and the plaintiff had judgment. On appeal this judgment was reversed, but the judgment then entered for defendant did not order the return of the mare. More than a year later, and after five terms of court had intervened and another judge had come into office, relator moved for…
1Per curiam
If the relator originally had any right to this remedy, which we do not determine, we are satisfied that by means of the delay and the proceeding on the execution he has waived it.
Writ must be dismissed with costs.
2Cited by3 opinions
- Partch v. BairdMichigan Supreme Court · 1924
- McGregor v. CarneyMichigan Supreme Court · 1935
- People ex rel. Coffey v. Judge of the District CourtSupreme Court of Colorado · 1893