Potter v. Lapeer Circuit Judge

Mandamus is asked to compel the court below to set aside an order allowing an appeal from justice’s court after the lapse of five days. The action was replevin, brought by the relator here against Richard Johnson and Ira R. Dodge. On the trial in justice’s court the plaintiff had judgment. The defendants neglected to perfect an appeal within the five days allowed by statute, and thereafter defendant Johnson made application for the allowance of an appeal, setting up substantially that he was misled by his co-defendant, Dodge; that at this time he was working for said Dodge upon his farm; that…