American Boat Co. v. St. Clair Circuit Judge
Michigan Supreme Court
Mandamus by the American Boat Company against .Harvey Tappan, circuit judge of St. Clair county, to compel respondent to vacate an order dismissing ah appeal from justice’s court.
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Mandamus by the American Boat Company against .Harvey Tappan, circuit judge of St. Clair county, to compel respondent to vacate an order dismissing ah appeal from justice’s court. The petition for the writ sets out that in an action of assumpsit in justice’s court, in the city of Port Pluron, the plaintiff limited his recovery, by a bill of particulars of his demand, to the sum of $29.01, and the defendant under the general issue gave notice of set-off and filed a bill of particulars of his demand in the sum of $176.25; that the issue joined was tried by a jury, which returned a verdict for…
1Opinion of the CourtOstrander, J.
(after stating the facts). 1. Mam damus is the proper remedy, because it is really the only adequate remedy. Appellant desires to retry the issue determined in justice’s court. If the order denying the right is reviewed by writ of error, and reversed, *149the cause must then be remanded for trial, with the right to review the final judgment by writ of error. By analogy, the case is most like one in which a delayed appeal is claimed, and is refused by the circuit court. In both cases the circuit court declines to take jurisdiction. In neither case does the order of the circuit court end the…
2Cases cited4 opinions
- Stall v. DiamondMichigan Supreme Court · 1877
- Detroit, Grand Rapids & Western Railroad v. Eaton Circuit JudgeMichigan Supreme Court · 1901
- Willis v. GimbertMichigan Supreme Court · 1873
- Fowler v. PixleyMichigan Supreme Court · 1872