Legal Opinion

Crosby v. Montcalm Circuit Judge

Michigan Supreme Court

Decided October 31, 1900Published

Mandamus by James S. Crosby to compel Frank D. M. Davis, circuit judge of Montcalm county, to vacate an order dismissing an appeal.

1Opinion of the CourtMoore, J.

The relator claims that the estate of Nathaniel Slaght is indebted to him in the sum of upwards of $73,000. After Nathaniel Slaght died, commissioners on claims were appointed. On the 18th of October, 1892, the relator presented a claim against said, estate to said *25commissioners, charging said estate with upwards of $130-000, and crediting it with upwards of $60,000, leaving a balance due claimant, according to the statement, of upwards of $70,000. Below the statement of this balance were the following words:

“The entire proceeds (except the amount paid to Can-field to complete title, if any)…

2Cases cited5 opinions

  1. Shurbun v. HooperMichigan Supreme Court · 1879
  2. Osmun v. Oakland Circuit JudgeMichigan Supreme Court · 1895
  3. Buchoz v. PrayMichigan Supreme Court · 1877
  4. Campau v. MillerMichigan Supreme Court · 1881
  5. Finley v. DubayMichigan Supreme Court · 1897

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