Jamison v. Isabella Circuit Judge

Must an executor appealing from the decision and report of commissioners on claims file a bond on appeal in accordance with section 14152, 3 Comp. Laws 1915? The circuit judge answered this in the negative, and declined on motion to dismiss such an appeal taken by an executor without filing the bond. We are asked by mandamus to cause such dismissal.

The circuit judge and counsel rely upon the case of Winter v. Winter, 90 Mich. 197, decided in 1892, where it was held that an executor appealing from a decision of commissioners on claims was not required to file a bond. But there is an important…