Riley v. Detroit United Railway

The defendant has filed a motion in this *328cause to dismiss the writ of error issued therein for the reasons:

First, that the return to the writ was not filed until after the return day;, second, the writ was not issued within one year after the rendition of the judgment.

The affidavit filed in support of the motion shows that a judgment was rendered for the defendant in the Wayne circuit court on the 16th day of February, 1909, and that a writ of error was not issued out of this court until August 17, 1910. The writ was made returnable on September 26th, but the return thereto was not filed…