Legal Opinion

Jones v. Wisner

Michigan Supreme Court

Decided July 2, 1895PublishedCited by 3 opinions

Mcmdamus. ' Relator applied for mandamus to compel respondent to vacate an order refusing to order security for costs. The facts are stated in the opinion.

1Opinion of the Court

McGrath, O. J.

Respondent based Ms refusal to order security for costs upon 3 How. Stat. § 7717e, and relator asks to have the order vacated, and the circuit judge directed to proceed to the consideration of the motion upon its merits. It is insisted that the section is unconstitutional, under Wilder v. Railway Co., 70 Mich. 382; Schut v. Railway Co., 70 Id. 433; Lafferty v. Railway Co., 71 Id. 35; and Grand Rapids Chair Co. v. Runnels, 77 Id. 111. The first three of these cases were under Act No. 234, Laws of 1885, and the last case was under the log lien act (No. 229, Laws of 1887).

Those…

2Cases cited1 opinion

  1. Wilder v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1888

3Cited by3 opinions

  1. Latshaw v. State ex rel. LatshawIndiana Supreme Court · 1901
  2. Boydan v. HaberstumpfMichigan Supreme Court · 1901
  3. Maclam v. City of MarquetteMichigan Supreme Court · 1907

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