Detroit Tug & Wrecking Co. v. Circuit Judge

Michigan Supreme Court

Detroit Tug & Wrecking Co. v. Circuit Judge

1 McGrath 859, 75 McGrath 360

DecidedJune 21, 1889

StatusPublished

This text of 1 McGrath 859 (Detroit Tug & Wrecking Co. v. 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

Detroit Tug & Wrecking Co. v. Circuit Judge, 1 McGrath 859, 75 McGrath 360 (Mich. 1889).

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Opinion

To compel respondent to grant a new trial.

Denied June 21, 1889.

The granting of a new trial rests in the discretion of the trial court, which, if not abused, cannot be interfered with by the Supreme Court.

To warrant such interference, the abuse ought to be so plain that, upon consideration of the facts upon which the trial judge acted, an unprejudiced person can say that there was no justification or excuse for the ruling made.

In applications for mandamus, the court must rely upon the facts set up in the answer of the respondent.

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To compel respondent to grant a new trial.

Denied June 21, 1889.

The granting of a new trial rests in the discretion of the trial court, which, if not abused, cannot be interfered with by the Supreme Court.

To warrant such interference, the abuse ought to be so plain that, upon consideration of the facts upon which the trial judge acted, an unprejudiced person can say that there was no justification or excuse for the ruling made.

In applications for mandamus, the court must rely upon the facts set up in the answer of the respondent.

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Bluebook (online)

1 McGrath 859, 75 McGrath 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/detroit-tug-wrecking-co-v-circuit-judge-mich-1889.