122 Mich. 490

DAGES v. SANILAC CIRCUIT JUDGE.

Replevin — Quashing Writ — Mandamus.

Mandamus will not lie to compel a circuit judge to vacate an 01’der quashing, with costs, a writ of replevin, since the order is final, and reviewable on error.

Mandamus by John W. Dages and William H. Andrews, survivors, etc., to compel Watson Beach, circuit judge of Sanilac county, to vacate an order quashing a writ of replevin.

Submitted December 12, 1899.

Writ denied December 21, 1899.

James A. Muir, for relators.

William H. Aitkin and John H. Farley, for respondent.

Per Curiam.

This is an application for a mandamus to compel the circuit judge to vacate an order quashing a writ of replevin with costs. The order was a final one, and reviewable on error. The papers on which the order was based were matters of record. Jewell v. Lamoreaux, 30 Mich. 155; Pingree v. Steere, 68 Mich. 204. The case is unlike People v. Bay Circuit Judge, 41 Mich. 326. In that case the application was to vacate an order *491quashing an attachment. The writ contained the usual summons clause, which defendant was still bound to answer, and the case was not dismissed. The order was not, therefore, final. In the present case the order was final, and reviewable on error. See Olson v. Muskegon Circuit Judge, 49 Mich. 85; Orth v. Montcalm Circuit Judge, McGrath, Mand. Cas. No. 717.

The writ will be denied on this ground.

Dages v. Sanilac Circuit Judge
122 Mich. 490

Case Details

Name
Dages v. Sanilac Circuit Judge
Decision Date
Dec 21, 1899
Citations

122 Mich. 490

Jurisdiction
Michigan

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!