224 Mich. 125 | Mich. | 1923
On August 19, 1921, Francis B. Eby and Ollie B. Eby filed an equity bill in the St. Clair cir
It appears that after filing the claim of appeal, and paying the appeal fee on November 16, 1922, no order was made extending the time until March 17, 1923, and it is claimed by plaintiffs that the defendant had no jurisdiction to extend the time as he did in the order complained of. This question was determined in the case of Laffrey v. Wayne Circuit Judge, 222 Mich. 689, in accord with plaintiffs’ contention. The opinion was filed May 3, 1923, and probably did not come to the attention of defendant before his conclusion was reached in this case. After this opinion is brought to the attention of defendant, if necessary, the writ of mandamus may issue as prayed.