Hosford v. Gratiot Circuit Judge
This text of 88 N.W. 627 (Hosford v. Gratiot 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.
Opinion
Relator was arrested on complaint of her husband, charging her with adultery, and is confined in prison awaiting trial. The husband filed a paper stating facts very similar to those in People v. Dalrymple, 55 Mich. 519 (22 N. W. 20). Upon filing such paper, relator moved that the proceedings be dismissed and she [303]*303be discharged. The court denied the motion, holding that the husband, the complaining party, could not control the suit after it was once begun.
The court was certainly in error under the case above cited, and should have granted the motion. This, however, is not the proper proceeding to raise the question. We have steadily refused to entertain motions to review interlocutory orders of courts in both civil and criminal cases, and cannot make this an exception. Undoubtedly the circuit judge, upon the renewal of the motion, will grant it and discharge the relator.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
88 N.W. 627, 129 Mich. 302, 1902 Mich. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hosford-v-gratiot-circuit-judge-mich-1902.