MEMORANDA.

CASES DECIDED UPON MOTION AND ORIGINAL APPLICATION DURING THE

YEAR 1893, AND IN WHICH NO

WRITTEN OPINIONS WERE

HANDED DOWN.

MEMORANDA, 1893.

JEANE W. PULLING V. EDGAR O. DURFEE, JUDGE OF PROBATE OF WAYNE COUNTY.

[See 85 Mich. 34; 88 Id. 387; 93 Id. 274; 97 Id. 375.]

Probate courts-Commissioners in dower-Mandamus.

The proper remedy by which to review the action of the probate court in refusing to appoint commissioners to set off dower is by an appeal from the order of denial, and mandamus will not lie to compel such appointment.

Mandamus.

1893.

Order to show cause denied January 4,

Relator filed a petition in the probate court of Wayne county for the appointment of commissioners to set off her dower in certain lands sold by her husband on contract during his lifetime, and before his marriage to relator, and in other lands. The petition was denied, in so far as it related to the first-named lands, on the ground that the interest of the deceased therein was personalty, and not realty. See In re Estate of Pulling, 97 Mich. 375, for a full statement of facts.

Fraser & Gates, for relator.

PER CURIAM. An order to show cause is denied. Mandamus will not lie to compel the appointment of commissioners to set off dower, the remedy being by appeal.

GEORGE H. GILDERSLEEVE V. ALLEN C. ADSIT, CIRCUIT JUDGE OF KENT COUNTY.

Justices' courts—Appeal-bond-Stay of execution—Release of

surety.

The liability of a surety in a bond executed on an appeal from justice's court cannot be extended by an order of the circuit judge made for that express purpose, and on his own motion, staying proceedings on the judgment rendered against the appellant and surety.

Mandamus. Submitted on briefs January 10, 1893. Granted January 11, 1893.

Relator executed a bond as surety on an appeal from justice's court. A judgment was rendered against him and the appellant at the circuit. Three days before an execution was legally issuable on the judgment, the attorney for the appellee signed a stipulation, which was filed in the cause, by which he agreed not to take out an execution upon the judgment for 60 days. On the day upon which an execution was issuable but for the stipulation, the respondent made an order upon his own motion, and for the express purpose of extending the liability of the surety, staying proceedings upon the judgment for 60 days. the expiration of the stay an execution was issued, and returned unsatisfied. An alias execution was issued, which the relator moved to quash, as against him, on the grounds that it was not issued until after the expiration of the 30 days limited by How. Stat. § 7029, and that the stipulation not to issue an execution was made without relator's consent. The respondent denied the motion, and relator applied for a mandamus to compel him to quash the alias execution.

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