Detroit & Birmingham Plank Road Co. v. Circuit Judge
This text of 1 McGrath 170 (Detroit & Birmingham Plank Road Co. 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.
Opinion
To vacate an order dismissing an appeal from Justice Court, and allow relator to file a new affidavit and bond.
Granted May 14, 1873.
Held, that an appeal from a justice cannot be dismissed absolutely for defects and informalities in the affidavit and bond, where the appellant tenders a new and proper affidavit and bond; that the proper practice on motion to dismiss an appeal for such defects is to make an order nisi that the appeal be dismissed, unless within the time specified a new and correct affidavit and bond be filed, and that mandamus is the proper remedy where an appeal has been improperly dismissed for such defects.
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1 McGrath 170, 27 McGrath 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/detroit-birmingham-plank-road-co-v-circuit-judge-mich-1873.