Heavenrich v. Alpena Circuit Judge
Michigan Supreme Court
Mandamus by Samuel Heavenrich and another to compel Robert J. Kelley, circuit judge of Alpena county, to vacate an order striking from the files of the court a stipulation for the discontinuance of certain actions at law.
1Opinion of the CourtHooker, J.
In May, 1893, relators, and others, who were doing business under the name of S. Simon & Co., were joint mortgagees in a mortgage given them by Kositchek & Bro., of Alpena. In June of the same year, the sheriff of Alpena county attached the mortgaged property in an action brought by other creditors against the Kositcheks. Simon & Co. and the relators brought separate actions of trover against the sheriff, and Simon & Co. recovered judgment for $3,267, and relators for $505. The jury in the latter case, which was the last case tried, found the value of the stock to be $3,772. Subsequently,…
2Cases cited1 opinion
- Weeks v. Wayne Circuit JudgesMichigan Supreme Court · 1889
3Cited by4 opinions
- Grand Rapids & Indiana Railroad v. Cheboygan Circuit JudgeMichigan Supreme Court · 1910
- Shank v. LippmanMichigan Supreme Court · 1929
- People ex rel. Simon v. PackMichigan Supreme Court · 1898
- Johnson v. Fidelity & Deposit Co.South Dakota Supreme Court · 1933