
    The People on the relation of Alexander Muir and others v. The Judge of the Superior Court of Detroit.
    
      Bond: Condition: Obligors: Defects. A bond under the statute (Sess. L. 1873, Vol. 1;, p. 07, § 21) for the removal of a cause from the Wayne circuit to the superior court of Detroit, which is otherwise in regular form, and recites the names of the obligors properly as principals and surety, is not so deficient as to authorize a dismissal of the cause for the reason that in the condition of the bond] the place where the names of the obligors would regularly be written was left blank, so that no one was there specifically named to perform the condition; it is clear enough from the whole instrument who were obligated by it to perform the condition.
    
      Bond: Defects: Functus officio. After the condition of the bond has been fully performed.it becomes functus officio, and any such irregularities in it would not thereafter warrant a dismissal of the cause.
    
      Heard and decided October 28.
    
    Application for mandamus.
    
    The relators applied by petition under the act establishing the superior court of Detroit (Sess. L. 1878, Vol. 1, p. 67, § 21), for the removal of a cause pending in the Wayne circuit court, wherein they were plaintiffs, and Archibald Muir, William Livingstone, Jr., Abijab W. Smith, and Alexander Stewart were defendants, from said circuit court to said superior court. With their petition they presented a bond signed by themselves, as principals, and by one surety, as required by tbe act; and thereupon an order was entered in the cause in tbe circuit court accepting said security. Tbe bond was in the usual form, except in tbe condition, and contained tbe names of the relators as principals and that of their surety as surety, and recited tbe proceedings for a transfer of the cause, and. concluded as-follows: “Now tbe condition of this obligation is such that if tbe said - shall cause to be bled and entered in tbe said superior court, on tbe first day of next term, copies of all papers filed and proceedings bad in said cause in tbe said circuit, then this obligation to be void, otherwise to remain in full force and effect.” In compliance with tbe condition of the bond, copies of all the papers-filed in tbe cause were filed in the superior court; and the-cause was duly noticed for bearing in the latter court and placed upon the docket. Thereupon, on motion of defendants’ attorneys, tbe respondent dismissed tbe cause from that-court for want of jurisdiction by reason of tbe incompleteness of tbe bond in not naming the obligors in tbe condition thereof. The relators then filed a certified copy of this order of dismissal in the circuit court and noticed tbe cause for trial in that court; but when the cause was-reached.on the docket tbe circuit judge declined to proceed with tbe trial, bolding that by tbe law the cause was. removed to tbe superior court. Tbe relators then moved in tbe circuit for an order vacating the former order accepting tbe security offered upon the petition for removal,, and tbe circuit judge refused to bear tbe motion, bolding that by tbe law all proceedings in tbe cause in that court were stayed, and that be bad no authority to proceed further therein.
    The relators now apply for mandamus to compel the-respondent to vacate and set aside tbe order dismissing tbe cause from tbe superior court of Detroit.
    A demurrer to; this application was interposed on behalf of tbe respondent.
    
      
      L. S. Trowbridge, for the relators.
    
      Moore & Griffin, for the respondent.
   The Court

held that the bond was sufficient, as there could be no mistake from the whole instrument as to who were the parties that were obligated to perform the conditions and cause the papers, etc., to be filed in the superior court; and that after the papers were filed and the conditions of the bond fully performed the bond became functus officio, and any such irregularities- in it would not thereafter warrant a dismissal of the cause.

Writ granted.  