Dages v. Sanilac Circuit Judge

Dages v. Sanilac Circuit Judge, 81 N.W. 355 (Mich. 1899)

Court: Michigan Supreme Court · State Highest Courts
Decided: December 21, 1899
Citations: 81 N.W. 355122 Mich. 4901899 Mich. LEXIS 731

Headnotes

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.

Summary

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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

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 *491 quashing 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.

How later courts describe this case

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

Cited by 11 cases

View all citing references →

State Highest Courts11

Relies on it most ⓘ

Cattermole v. Ionia Circuit Judge99 N.W. 1 (Mich. 1904)
Hartz v. Judge129 N.W. 25 (Mich. 1910)
City of Flint v. Genesee Circuit Judge109 N.W. 769 (Mich. 1906)
Hartz v. Wayne Circuit Judge129 N.W. 15 (Mich. 1910)
Mikkola v. Houghton Circuit Judge130 N.W. 1118 (Mich. 1911)
Olds Motor Works v. Wayne Circuit Judge129 N.W. 710 (Mich. 1911)

Most recent

Taylor v. Ottawa Circuit Judge72 N.W.2d 146 (Mich. 1955)
First National Tire & Reliner Co. v. Johnson181 N.W. 978 (Mich. 1921)
Kirby v. Soule144 N.W. 837 (Mich. 1914)
Mikkola v. Houghton Circuit Judge130 N.W. 1118 (Mich. 1911)
Olds Motor Works v. Wayne Circuit Judge129 N.W. 710 (Mich. 1911)
Hartz v. Judge129 N.W. 25 (Mich. 1910)

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.

Authorities cited 4

Depth	Case	Cited by
	Jewell v. Lamoreaux, 30 Mich. 155 (1874)	9
	Olson v. Muskegon Circuit Judge, 13 N.W. 369 (Mich. 1882)	8
	People ex rel. Miller v. Judge of the Circuit Court, 2 N.W. 26 (Mich. 1879)	4
	Pingree v. Steere, 35 N.W. 905 (Mich. 1888)	3

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list