Cowen v. Wayne Circuit Judge

Michigan Supreme Court

Cowen v. Wayne Circuit Judge

296 N.W. 837, 296 Mich. 678, 1941 Mich. LEXIS 425

CourtMichigan Supreme Court

DecidedJanuary 21, 1941

DocketCalendar 41,217

StatusPublished

Cited by3 cases

This text of 296 N.W. 837 (Cowen v. Wayne 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

Cowen v. Wayne Circuit Judge, 296 N.W. 837, 296 Mich. 678, 1941 Mich. LEXIS 425 (Mich. 1941).

Pincite

Opinion

Butzel, J.

A judgment rendered against plaintiff in the court of common pleas in Detroit was appealed to the Wayne circuit court and heard by defendant circuit judge without a jury on October 4, 1938. He took the case under advisement until March 8, 1940, when he rendered a judgment in the amount of $239.91 against plaintiff in this cause. The record does not disclose the cause for the delay of over 17 months. 3 Comp. Laws 1929, § 14264 (Stat. Ann. § 27.993), providing that decision should be given by a trial judge within 60 days from the time a case is submitted, is not mandatory. As was stated in Stepanian v. Moskovitz, 232 Mich. 630, it does not punish litigants for delay excusable or inexcusable by the judge, and does not and cannot provide a departure of judicial power from the judge.

Over a year after submission of the case to the trial judge, the case was placed on the “no progress” docket of the Wayne circuit court. See 3 Comp. Laws 1929, § 14253 (Stat. Ann. § 27.982). On December 9, 1939, an order signed with a rubber stamp bearing the name of another circuit judge and purporting to dismiss the case was entered.

Plaintiff herein seeks mandamus to set aside the judgment rendered on March 8, 1940. He claims termination of the cause upon entry of the order of *680 dismissal for no progress on December 9,1939. The order of dismissal for no progress was a nullity. The parties litigant had done everything they could do when they tried the case and it was submitted to the circuit judge. He became possessed of the case and his authority continued subject only to the appellate authority until the case was finally and completely disposed of by him. No court of co-ordinate authority was at liberty to interfere with his action. Maclean v. Wayne Circuit Judge, 52 Mich. 257; Consumers Power Co. v. Michigan Public Utilities Commission, 270 Mich. 213 (10 P. U. R. [N. S.] 487); Detroit Trust Co. v. Manilow, 272 Mich. 211. Also, see 3 Comp. Laws 1929, § 13668 (Stat. Ann. § 27.190), and Circuit Court Rules for Third Circuit, part 1, rule 6(b).

Mandamus is denied, with costs to defendant.

Sharpe, C. J., and Bitshnell, Boyles, Chandler, North, McAllister, and "Wiest, JJ., concurred.

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Butzel, J.

A judgment rendered against plaintiff in the court of common pleas in Detroit was appealed to the Wayne circuit court and heard by defendant circuit judge without a jury on October 4, 1938. He took the case under advisement until March 8, 1940, when he rendered a judgment in the amount of $239.91 against plaintiff in this cause. The record does not disclose the cause for the delay of over 17 months. 3 Comp. Laws 1929, § 14264 (Stat. Ann. § 27.993), providing that decision should be given by a trial judge within 60 days from the time a case is submitted, is not mandatory. As was stated in Stepanian v. Moskovitz, 232 Mich. 630, it does not punish litigants for delay excusable or inexcusable by the judge, and does not and cannot provide a departure of judicial power from the judge.

Over a year after submission of the case to the trial judge, the case was placed on the “no progress” docket of the Wayne circuit court. See 3 Comp. Laws 1929, § 14253 (Stat. Ann. § 27.982). On December 9, 1939, an order signed with a rubber stamp bearing the name of another circuit judge and purporting to dismiss the case was entered.

Plaintiff herein seeks mandamus to set aside the judgment rendered on March 8, 1940. He claims termination of the cause upon entry of the order of *680 dismissal for no progress on December 9,1939. The order of dismissal for no progress was a nullity. The parties litigant had done everything they could do when they tried the case and it was submitted to the circuit judge. He became possessed of the case and his authority continued subject only to the appellate authority until the case was finally and completely disposed of by him. No court of co-ordinate authority was at liberty to interfere with his action. Maclean v. Wayne Circuit Judge, 52 Mich. 257; Consumers Power Co. v. Michigan Public Utilities Commission, 270 Mich. 213 (10 P. U. R. [N. S.] 487); Detroit Trust Co. v. Manilow, 272 Mich. 211. Also, see 3 Comp. Laws 1929, § 13668 (Stat. Ann. § 27.190), and Circuit Court Rules for Third Circuit, part 1, rule 6(b).

Mandamus is denied, with costs to defendant.

Sharpe, C. J., and Bitshnell, Boyles, Chandler, North, McAllister, and "Wiest, JJ., concurred.

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Bluebook (online)

296 N.W. 837, 296 Mich. 678, 1941 Mich. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowen-v-wayne-circuit-judge-mich-1941.

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