Hart v. Circuit Judge

Michigan Supreme Court

Hart v. Circuit Judge

1 McGrath 429, 56 McGrath 592

CourtMichigan Supreme Court

DecidedMay 6, 1885

StatusPublished

Cited by1 cases

This text of 1 McGrath 429 (Hart 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

Hart v. Circuit Judge, 1 McGrath 429, 56 McGrath 592 (Mich. 1885).

Pincite

Opinion

To compel tbe bearing of a claim made by a creditor against an estate, where be bad failed to present it to tbe commissioners while in commission, on appeal to the Circuit Court from tbe order refusing to bear tbe application.

Granted May 6, 1885.

Held, that under Secs. 5893-5895 tbe probate judge must either revive tbe commission for bearing tbe claim or be may bear it himself; that mandamus lies to enforce this right, and that tbe merits of tbe claim are not open upon application for mandamus.

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To compel tbe bearing of a claim made by a creditor against an estate, where be bad failed to present it to tbe commissioners while in commission, on appeal to the Circuit Court from tbe order refusing to bear tbe application.

Granted May 6, 1885.

Held, that under Secs. 5893-5895 tbe probate judge must either revive tbe commission for bearing tbe claim or be may bear it himself; that mandamus lies to enforce this right, and that tbe merits of tbe claim are not open upon application for mandamus.

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Bluebook (online)

1 McGrath 429, 56 McGrath 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-circuit-judge-mich-1885.

Opinion

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