Storms v. Circuit Judge

Michigan Supreme Court

Storms v. Circuit Judge

1 McGrath 132, 99 McGrath 144

CourtMichigan Supreme Court

DecidedFebruary 20, 1894

DocketNo. 13966

StatusPublished

This text of 1 McGrath 132 (Storms 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

Storms v. Circuit Judge, 1 McGrath 132, 99 McGrath 144 (Mich. 1894).

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Opinion

To vacate an order dismissing relator’s appeal from an order of the Probate Court, denying his application for discharge from [135]*135•guardianship as an incompetent person; to reinstate the case and hear the appeal on the merits.

Denied February 20, 1894.

Held, that mandamus will not lie in such case where it appears that the citation was directed to the guardian, mother, two sisters and wife of the incompetent, all of whom, except the wife, resided in this State, and the files in the Probate Court failed to show service, either actual or constructive, upon the wife or sisters.

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To vacate an order dismissing relator’s appeal from an order of the Probate Court, denying his application for discharge from [135]*135•guardianship as an incompetent person; to reinstate the case and hear the appeal on the merits.

Denied February 20, 1894.

Held, that mandamus will not lie in such case where it appears that the citation was directed to the guardian, mother, two sisters and wife of the incompetent, all of whom, except the wife, resided in this State, and the files in the Probate Court failed to show service, either actual or constructive, upon the wife or sisters.

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Bluebook (online)

1 McGrath 132, 99 McGrath 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/storms-v-circuit-judge-mich-1894.