Townsend v. Tudor

Decision Date01 July 1879
Citation1 N.W. 1050,41 Mich. 263
CourtMichigan Supreme Court
PartiesWILLIAM R. TOWNSEND AND CLARENCE HOWE v. SAMUEL TUDOR.

Entry of judgment in the circuit court upon a transcript from a justice of the peace is not reviewable on writ of error; nor is a decision of the circuit court upon the mere motion to vacate such judgment. The remedy, if any, is by certiorari.

GRAVES, J.

Tudor got judgment against plaintiffs in error, before a justice, on a promissory note, and as both sides claim obtained a transcript and caused judgment to be entered on it in the circuit court. Subsequently the plaintiffs in error made a motion in that court to vacate the judgment on the ground that there were jurisdictional errors in the proceedings before the justice, and the court denied the motion. They, therefore, brought this writ of error to review that decision. The judgment entered on the transcript is not returned, and since the entry of judgment in that way, as ordered by the statute, involves no judicial action by the circuit court reviewable on writ of error, it could not have been examined in this proceeding if it had been returned, and it is well settled that the decision of a mere motion like that in question cannot be so re-examined. When such proceedings are reviewable at all, the remedy is certiorari and not writ of error. Although the objections made cannot be passed on, we find no difficulty in saying that, looking at the whole record, they do not seem to have any force.

The writ of error should be dismissed, with costs.

(The other justices concurred.)

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