The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1861-01-16
Supreme Court.

Supreme Court.
The following proceedings have thus far been
city.
TIE City Of Detroit ps. Jerome b. Corey
Submitted on briefs
John II. Richardson, ct. al, as. Samuel W.
Yonkey.-A Il Maynard and John Moore mo-
we'd 10 dismiss this case for want OF jurisdiction.
IL appeared that judgment was rendered for
plliut;f in the rcut Court for Saginaw couu.
", February "a, 1860, when the attorneys on
both sides were present, ami that ord .rs were
subsequently, made by the CircIit Judge from
time TO time, giving defendant time 10 settle a
bill of exceptions, aud that bill of exceptions
vas settled aud fled MAY ,, lS60-that on June
IL. 1860, case also made on behalf of de
cndant and settled bv the Circuit Judge. The
plaintiff objected t, the settling OF the cas- Oh
the ground thai more than ten days had elapsed
since the defendant had notice of the Judgment.
aud consequently his right TO settle a case was
gone, but the Judge held that the time would
Tot elapse until ten days after ,crittea notice OF
the Judgment had been given.
j g. Sutherland aud W L. Weber were
card IN opposition to the motion, and the Court
held the decision of the Circuit Judge was erro-
noous-that party who had acted upon the
jul cement and obtained orders "a the defendant
ha} in his case could not afterwards insist on
the right t, written notice Of the Judgment.
They also held thai party was not entitled to
settle ease TO review in this court after having
settled and filed bill of exceptions Case dis
missed
The People on relation Of the County OF
Ho,sgEton rs tic auditor Gsnera,-Notion for
maudamus 10 compel the Auditor Geuefal 10
Issue his variant ioc the payment to Houghton
county Of the interest of certain specific taxes
paid by mining con panies in that county. The
motion was argued by d. Goodwin for the rela.
tor, and ny c. Epson, Attorney General, for the
State.
CAMPBELL, J. delivered the opinion of the
Court, and after dsposing of certain preliminary
objections held that under the law of 1858,
Com. Laws, s99O) the county was entitled to
the mandamus prayed.
Duncan INcDonatd, as. The People-Error
20 the Recorders Court OF Detroit Argued by
;. Larned for plaintiff in error and by C. Epson,
Attorney General, for the People
Campou d; -NeFaria.e as. Deacey d, HamH-
ton-Error TO Saginaw Circuit The action in
the Court below was ejectment, brought in the
Ganesee Circuit, and transferred from thence to
the Saginaw Circuit by the Circuit Judge on
cause shown. On the Cause coming on for argu-
ment, S. I. Douglass, for plaintiffs in error took
the preliminary objection that in an action OF
ejectment the Circiit Courts have no power to
change the venue, and that the Saginaw Circuit
Court consequently acquired no jarisd ction of
the cause. This objection was argued by VI.
Wisncr and ". E. Crofoot for defendants in error,
and overruled By the Court, and the cause ar
gued on the merits.
Oriqen Brigham IS Zion g. Parsons, e. al
Appeal in Chancery from Branch Circuit. At
the last term the cause was dismissed on motion
Of complainant (who was appelee) for want of
prosecution. Motion was now made, to reinstate
the same, on atijavits excusing the default
Argued by J. b. Clarke for the motion, and T.
Mr. Cooley, contra and denied. MARTIN, Ch. j.
delivered an oral opinion, hold the default not
sufficiently excused. And also that where par.
ty under such circumstances applies TO have a
cause reinstated, he should show himself in DO.
stion to proceed az once to the hearing, which
was not the case here.
Saturday, January II, 1861.
Campau US. Deuey.-Argument continued
Monday, January IL, 1861.
Campau rs. Dearey.-Argument concluded.
Tuesday, January Is, 1861.
People sr rel. Hol5rook, "a. The Iorn Board
Of LoceI-Motion for mandamus TO compel
payment of damages assessed to relator for OPEN
ing highway.
Argued By Mr.. Egg!eston for rela:or and BY
Mr.. Champiin for respondent.
Peani",dn, admir- of dustin, Us. Piece, ct e.,
Glib US. Perez, ct ei.-Bil and cross bill. Ar
gued by Mr. Norris on behalf of Glib, appellant,
Bonestai Us. .yacox-Continued.