Quail v. Cole

This is an appeal, prosecuted as of right, by plaintiff, from an order setting aside a default and judgment.

The record shows that application by plaintiff for leave to appeal was denied by this court. Review, if any, is by mandamus and not by appeal.

Counsel invokes the statute, 3 Comp. Laws 1929, § 15491, and Court Rules Nos. 55 and 60 (1931). The statute relates to final judgments, and plaintiff has no judgment, but seeks direction, by this court, to have his judgment reinstated. The mentioned rules, while requiring mandamus to be termed an appeal, do not change the law that it is an…