Mayhew v. Snell 33 Mich. 182

Peter Mayhew v. Thomas Snell.

Justice's judgment: Transcript: Motion to vacate: Collateral attach: Plaintiff's attorney: Proof of authority. A motion, to vacate a judgment docketed in the circuit upon a transcript filed therein of a justice’s judgment, is a collateral attack; and the validity of the justice’s judgment is not assailable in that way for want of proof of authority of the plaintiff's attorney, as required by the statute (Comp. L. 1871, § 6306), on failure of defendant to appear.

Heard and decided January 7.

Certiorari to Huron Circuit.

This writ was sued out to review the action of tho court below in declining on motion to vacate a judgment docketed in the circuit upon a transcript filed therein of a justice’s *183judgment. The grounds of the motion, were, (1) that the affidavit for the transcript was not signed; and (2) that the justice’s judgment was Yoid for want of proof of authority of the plaintiff’s attorney, the defendant having failed to appear. — See Comp. L. 1871, § 5305.

George S. Tingle and Iloyt Post, for plaintiff in certiorari.

Richard Winsor and II. B. Carpenter, for defendant in certiorari.