Swantek v. Jarmozski
Michigan Supreme Court
Error to Kent; Brown, J. Assumpsit in justice’s court by Peter Swantek against Stephan Jarmozski for services rendered. Defendant appealed to the circuit court and later took out a writ of certiorari. The Supreme Court having held the writ of certiorari void, plaintiff moved in the lower court to dismiss and demand a judgment for costs previously paid by him to defendant to avoid execution levy. An order denying such relief is reviewed by plaintiff on writ of error.
1Opinion of the CourtBrooke, J.
This case has been before this court upon two former occasions (159 Mich. 99 [123 N. W. 573]; 162 Mich. 617 [127 N. W. 800]). A perusal of those opinions will advise the reader of the facts necessary to a full understanding of the question now raised. It appears that, after the decision of this court (162 Mich. 617 [127 N. W. 800]), the parties went to trial upon the merits, with the result that a verdict of no cause of action was rendered. It further appears that the circuit court had, prior to the decision (162 Mich. 617 [127 N. W. 800]), entered judgment for costs against this plaintiff…
2Cases cited2 opinions
- Swantek v. JarmoszkaMichigan Supreme Court · 1909
- Swantek v. JarmoszkiMichigan Supreme Court · 1910
3Cited by1 opinion
- Horowitz v. RottMichigan Supreme Court · 1926