Aldrich v. Circuit Judge

Michigan Supreme Court

Aldrich v. Circuit Judge

1 McGrath 481, 3 Daily L.N. 779

CourtMichigan Supreme Court

DecidedFebruary 2, 1897

DocketNo. 15874

StatusPublished

This text of 1 McGrath 481 (Aldrich v. Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aldrich v. Circuit Judge, 1 McGrath 481, 3 Daily L.N. 779 (Mich. 1897).

Pincite

Opinion

To vacate an order granting a writ of assistance in a foreclosure suit.

Denied February 2, 1897.

[484]*484The granting of the writ was opposed by the solicitor for theo mortgagor, who made ' an oral claim of possession under leases issued by the city upon tax sales.

Held, (1) that if the order entered is an improper one, appeal, and not mandamus, is the proper remedy; (2) that the objection raised should have been presented to the court in a more formal manner than by an oral claim.

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To vacate an order granting a writ of assistance in a foreclosure suit.

Denied February 2, 1897.

[484]*484The granting of the writ was opposed by the solicitor for theo mortgagor, who made ' an oral claim of possession under leases issued by the city upon tax sales.

Held, (1) that if the order entered is an improper one, appeal, and not mandamus, is the proper remedy; (2) that the objection raised should have been presented to the court in a more formal manner than by an oral claim.

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Bluebook (online)

1 McGrath 481, 3 Daily L.N. 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldrich-v-circuit-judge-mich-1897.