Legal Opinion

Young v. Kelsey

Michigan Supreme Court

Decided June 29, 1881PublishedCited by 2 opinions

Error to Shiawassee. Assumpsit. Defendant brings error.

1Opinion of the CourtCampbell, J.

Gertiora/ri having been brought in the circuit court for the county of Shiawassee upon a judgment rendered by the recorder of Corunna, acting as a justice of fhe peace, the circuit court dismissed it as returnable on Sunday. Plaintiff in certiora/ri brings error.

The writ was clearly irregular, but it is claimed the court should have allowed an amendment. It appears, however, from the return, which we must assume to be correct, that the certiorari was never allowed by any one. The writ is never a matter of right, and can only issue upon satisfying the ■circuit court commissioner, or circuit…

2Cited by2 opinions

  1. People v. HuxMichigan Supreme Court · 1888
  2. Wetmore v. DeanMichigan Supreme Court · 1905

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