Lafler v. Monroe Circuit Judge

• Citation: 77 N.W. 265,118 Mich. 677
• Court: Supreme Court of Michigan
• Decision Date: 06 December 1898
• Parties: LAFLER v. MONROE CIRCUIT JUDGE.

77 N.W. 265

118 Mich. 677

LAFLER v. MONROE CIRCUIT JUDGE.

Supreme Court of Michigan

December 6, 1898

Petition for mandamus by Martha Lafler against the Monroe circuit judge to compel defendant to enter a certain order. Denied.

John O. Zabel and Charles A. Golden, for relator.

Watts, Bean & Smith (Landon & Lockwood, of counsel), for respondent.

PER CURIAM.

The plaintiff recovered a judgment in the Monroe circuit court against one Fisher, a saloon keeper, and his bondsmen, in the sum of $5,000. The penalty of the bond was but $3,000. The defendant moved for a new trial, and the court ordered that a new trial be granted, unless the plaintiff remit down to the penalty of the bond. The plaintiff, on the hearing of the motion, asked for judgment for $3,000 against the sureties, and for the amount of the verdict, $5,000, against the principal. This application was denied, and mandamus is now sought to compel the circuit judge to enter such order. The action is joint. A satisfaction by one defendant would discharge the action. There is no provision of statute for severing in an action ex delicto, or for entering a judgment in one sum against one defendant, and in a greater sum against another. The writ is denied.