People ex rel. Gorman v. Judge of the Newaygo Circuit Court

Christiancy, Ch. J.

This is an application for a mandamus to compel the circuit judge to grant an order striking from the files an amended declaration, in a cause pending in the circuit court for the county of Newaygo, wherein John McNab and John R. Parsons are plaintiffs, and Patrick Gorman and Thomas Gorman defendants.

The original declaration, filed March 10th, 1862, was in assumpsit upon the common counts only. To this declaration defendants, May 17th, 1862, pleaded the general issue, and gave notice, among other things, that they would show under the general issue that plaintiffs and…