Legal Opinion

Detroit, Grand Rapids & Western Railroad v. Eaton Circuit Judge

Michigan Supreme Court

Decided October 22, 1901PublishedCited by 8 opinions

Mandamus by the Detroit, Grand Rapids & Western Railroad Company to compel Clement Smith, circuit judge of Eaton county, to vacate an order dismissing an appeal from justice’s court.

1Opinion of the CourtHooker, J.

On November 25, 1899, one Tucker recovered a small judgment against the relator before a justice of the peace. An appeal duly taken was subsequently dismissed under a local rule of long standing, which is as follows:

“Rule 2. If any cause now or hereafter brought into this court by appeal under the act entitled ‘An act to amend chapter 93 of the Revised Statutes of 1846, entitled “Of Courts Held by Justices of the Peace,”’approved *497February 13, 1855, shall, after the entry fee shall be paid, remain at any time for three successive terms subsequent to the time of the adoption of this rule…

2Cases cited2 opinions

  1. Willis v. GimbertMichigan Supreme Court · 1873
  2. Fowler v. PixleyMichigan Supreme Court · 1872

3Cited by8 opinions

  1. Guastello v. Citizens Mutual InsuranceMichigan Court of Appeals · 1968
  2. Abe Stein Co. v. WoodMichigan Supreme Court · 1908
  3. Hanson v. HansonMontana Supreme Court · 1954
  4. Heintzen v. GaultMichigan Supreme Court · 1913
  5. American Boat Co. v. St. Clair Circuit JudgeMichigan Supreme Court · 1916

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