Legal Opinion

Gorton v. Person

Michigan Supreme Court

Decided November 24, 1893PublishedCited by 4 opinions

Mandamus. Relator applied for mandamus to compel respondent to vacate an order dismissing an appeal from probate court. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

The writ of mandamus is asked to compel the respondent to vacate an order dismissing the appeal of the relator from a decree of the probate court, made November 26, 1892, disallowing the last will and testament of Alonzo Gorton, deceased. All the proceedings to take such appeal were regular, and made in due time, and notice thereof was duly served upon the contestants, and proof of such service filed in the probate court December 3. The probate judge was paid for making the return, and one of relator’s attorneys makes affidavit that the probate judge promised to return the papers to the…

2Cases cited2 opinions

  1. Merriman v. PeckMichigan Supreme Court · 1893
  2. Snyder v. Washtenaw Circuit JudgeMichigan Supreme Court · 1890

3Cited by4 opinions

  1. Szarama v. Tylman's EstateMichigan Supreme Court · 1927
  2. In Re Norton's EstateMichigan Supreme Court · 1930
  3. Dunn's Estate v. Wayne Circuit JudgeMichigan Supreme Court · 1928
  4. Norton v. Wayne Circuit JudgeMichigan Supreme Court · 1930

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