Beutel v. Bay Circuit Judge

Michigan Supreme Court

Beutel v. Bay Circuit Judge

83 N.W. 278, 124 Mich. 521, 1900 Mich. LEXIS 566

DecidedJune 26, 1900

StatusPublished

This text of 83 N.W. 278 (Beutel v. Bay Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beutel v. Bay Circuit Judge, 83 N.W. 278, 124 Mich. 521, 1900 Mich. LEXIS 566 (Mich. 1900).

Pincite

Opinion

Grant, J.

(after stating the facts). The granting of the writ of certiorari is discretionary, and where one has rested upon his rights for an unreasonable length of time, while the other party, in reliance upon the regularity of the proceedings, has made large improvements, it will not be granted. This court has refused the writ in other [523]*523cases where the delay was not so long as in this case. Baudistel v. Recorder, etc., of City of Jackson, 110 Mich. 357 (68 N. W. 292); City of Detroit v. Murphy, 95 Mich. 531 (55 N. W. 441), and authorities cited. If relator abandoned his suit in chancery, he should have moved promptly to review the proceedings in some other manner, if he desired to contest their legality. If that suit has not been abandoned, but is still pending, he is in position to test the legality of the proceedings, and has no need to invoke the discretionary writ of certiorari.

The writ is dismissed, with costs.

The other Justices concurred.

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Grant, J.

(after stating the facts). The granting of the writ of certiorari is discretionary, and where one has rested upon his rights for an unreasonable length of time, while the other party, in reliance upon the regularity of the proceedings, has made large improvements, it will not be granted. This court has refused the writ in other [523]*523cases where the delay was not so long as in this case. Baudistel v. Recorder, etc., of City of Jackson, 110 Mich. 357 (68 N. W. 292); City of Detroit v. Murphy, 95 Mich. 531 (55 N. W. 441), and authorities cited. If relator abandoned his suit in chancery, he should have moved promptly to review the proceedings in some other manner, if he desired to contest their legality. If that suit has not been abandoned, but is still pending, he is in position to test the legality of the proceedings, and has no need to invoke the discretionary writ of certiorari.

The writ is dismissed, with costs.

The other Justices concurred.

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Bluebook (online)

83 N.W. 278, 124 Mich. 521, 1900 Mich. LEXIS 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beutel-v-bay-circuit-judge-mich-1900.

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