Dawson v. Chippewa Circuit Judge

This is an application for mandamus requiring respondent to vacate an order recalling a writ of possession. The writ was issued in an action of ejectment upon a judgment for plaintiff affirmed in this court (Dawson v. Falls City Boat Club, 125 Mich. 433, 84 N. W. 618), and after remittitur filed in the circuit. Two reasons are urged why the writ of possession should not have been issued: First, that no notice of an application for the writ was filed; and, second, that costs had not yet been taxed.

*329The writ was issuable without notice and as of course, and might be issued in vacation as well as…