Slowke v. Altermatt

Plaintiff filed a petition for man-damns against the circuit judge of Macomb county directing him to enter an order directing the clerk of the circuit court to enter judgment of nonsuit with costs of the motion to plaintiff.

The facts upon which this petition is based may be found in Slowke v. Altermatt, 293 Mich. 360. In that case we held that the trial judge was in error in denying plaintiff’s motion for a nonsuit and said (p. 364):

“Neither in the circuit court nor in this court is any point made of plaintiff’s failure to pay or tender payment of costs up to the time of making his motion,…