Sherwood v. Ionia Circuit Judge
Michigan Supreme Court
Mandamus by Josiah W. Sherwood and another to compel Frank D. M. Davis, circuit judge for Ionia county, to dismiss an appeal from justice’s court, and to vacate an order requiring relators to file .security for costs.
1Opinion of the CourtMontgoMery, J.
Relators recovered a judgment before a justice of the peace against Lida A. Miller on the 29th day of April, 1895. An appeal was taken within, the five days allowed by statute, a proper affidavit being filed, and a bond in amount sufficient and in proper form, save that the affidavit showing the responsibility of the .sureties was sworn to before a notary public. The statute (3 How. Stat. § 70.00) requires that the bond or recognizance shall be taken before the justice by whom the judgment is rendered, or by some other justice of. the peace of the county, or by the county clerk, and section…
2Cases cited1 opinion
- McCombs v. JohnsonMichigan Supreme Court · 1882
3Cited by5 opinions
- Attorney General ex rel. Wolverine Fish Co. v. A. Booth & Co.Michigan Supreme Court · 1906
- Pere Marquette Railway Co. v. AshleyMichigan Supreme Court · 1922
- Goodin v. Van HaaftenMichigan Supreme Court · 1902
- Lacomb v. GodkinMichigan Supreme Court · 1906
- Dunn's Estate v. Wayne Circuit JudgeMichigan Supreme Court · 1928