Mabley v. Superior Court Judge

Michigan Supreme Court

Mabley v. Superior Court Judge

1 McGrath 381, 41 McGrath 31

DecidedJune 4, 1879

StatusPublished

This text of 1 McGrath 381 (Mabley v. Superior Court 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

Mabley v. Superior Court Judge, 1 McGrath 381, 41 McGrath 31 (Mich. 1879).

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Opinion

To vacate an order setting aside a previous conditional order for a new trial.

Denied June 4, 1879.

Held, tbat where a new trial is not a matter of right, the judge in granting it may properly impose such a condition as tbat tbe parties must waive any supposed right to removal and try tbe [384]*384case at the following term; that the judgment remains in force-subject to the conditions, and is not absolutely vacated until they are performed; that the court will not consider matters-that were not brought before the court below'on the motion to show the improper disposition thereof; that mandamus will not lie to review the discretionary action of inferior courts; that, the writ is not one of right and is not usually allowed to those, who have been culpably dilatory or otherwise at fault.

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To vacate an order setting aside a previous conditional order for a new trial.

Denied June 4, 1879.

Held, tbat where a new trial is not a matter of right, the judge in granting it may properly impose such a condition as tbat tbe parties must waive any supposed right to removal and try tbe [384]*384case at the following term; that the judgment remains in force-subject to the conditions, and is not absolutely vacated until they are performed; that the court will not consider matters-that were not brought before the court below'on the motion to show the improper disposition thereof; that mandamus will not lie to review the discretionary action of inferior courts; that, the writ is not one of right and is not usually allowed to those, who have been culpably dilatory or otherwise at fault.

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Bluebook (online)

1 McGrath 381, 41 McGrath 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mabley-v-superior-court-judge-mich-1879.