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Quail v. Cole

Quail v. Cole.

Quail v. Cole, 245 N.W. 542 (Mich. 1932)
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Court
Michigan Supreme Court · State Highest Courts
Decided
December 6, 1932
Docket
Nos. 154, Calendar No. 36,716.
Judges
WIEST, J.
Citations
245 N.W. 542260 Mich. 6421932 Mich. LEXIS 1192
Cited by 10

Opinion of the Court

This is an appeal, prosecuted as of right, by plaintiff, from an order setting aside a default and judgment.

The record shows that application by plaintiff for leave to appeal was denied by this court. Review, if any, is by mandamus and not by appeal. *Page 643

Counsel invokes the statute, 3 Comp. Laws 1929, § 15491, and Court Rules Nos. 55 and 60 (1931). The statute relates to final judgments, and plaintiff has no judgment, but seeks direction, by this court, to have his judgment reinstated. The mentioned rules, while requiring mandamus to be termed an appeal, do not change the law that it is an original writ, and that it does not issue without application and allowance.

Leave to prosecute an appeal in the nature of mandamus was necessary and was not obtained. We, therefore, sua sponte , dismiss the appeal.

Defendant, not having filed a brief at the time this opinion was written, will not recover costs.

CLARK, C.J., and McDONALD, POTTER, SHARPE, NORTH, FEAD, and BUTZEL, JJ., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1933: 21934: 11940: 11951: 11955: 11956: 11961: 11963: 11971: 119332026peak 1933 · 2

Relies on it most ⓘ

  1. In re Fitch Drain No. 12977 N.W.2d 450 (Mich. 1956)
  2. In re Consolidated Freight Co.251 N.W. 431 (Mich. 1933)
  3. Cook v. Wolverine Stockyards Co.73 N.W.2d 902 (Mich. 1955)
  4. Kirn v. Ioor253 N.W. 318 (Mich. 1934)
  5. American Eutectic Welding Alloys Sales Co. v. Grier108 N.W.2d 831 (Mich. 1961)
  6. Hensey v. Hensey50 N.W.2d 308 (Mich. 1951)

Most recent

  1. DOWNRIVER LOAN CO. v. Gabbert195 N.W.2d 34 (Mich. Ct. App. 1971)
  2. Ordon v. Sarko124 N.W.2d 876 (Mich. 1963)
  3. American Eutectic Welding Alloys Sales Co. v. Grier108 N.W.2d 831 (Mich. 1961)
  4. In re Fitch Drain No. 12977 N.W.2d 450 (Mich. 1956)
  5. Cook v. Wolverine Stockyards Co.73 N.W.2d 902 (Mich. 1955)
  6. Hensey v. Hensey50 N.W.2d 308 (Mich. 1951)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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