70 Mich. 152
Decided May 8, 1888
Michigan Supreme Court · decided 1888-05-08
Mandamus. Relator applied for mandamus requiring respondent to vacate an order quashing a civil warrant and dismissing all proceedings thereunder, and to re-instate the case for trial, the defendant having appealed from the justice’s judgment in the case. The facts are stated by the Reporter. The main facts leading up to this case are stated in the -opinion in Superintendents of the Poor v. Nelson, reported in '75 Mich. 154.
Decided 1888-05-08
¶1Held, the writ must be denied.
¶2That the affidavit is insufficient to give the court jurisdiction. The affiant neither states the facts positively, nor gives the circumstances upon which he has good reason to believe they exist. This must be done, in order to give the court jurisdiction.