Aldrich v. Circuit Judge

Michigan Supreme Court
Aldrich v. Circuit Judge, 1 McGrath 481 (Mich. 1897)
3 Daily L.N. 779

Aldrich v. Circuit Judge

Opinion of the Court

To vacate an order granting a writ of assistance in a foreclosure suit.

Denied February 2, 1897.

*484The granting of the writ was opposed by the solicitor for theo mortgagor, who made ' an oral claim of possession under leases issued by the city upon tax sales.

Held, (1) that if the order entered is an improper one, appeal, and not mandamus, is the proper remedy; (2) that the objection raised should have been presented to the court in a more formal manner than by an oral claim.

Reference

Full Case Name
ALDRICH v. CIRCUIT JUDGE (Wayne)
Status
Published