McCarthy v. Circuit Judge
This text of 1 McGrath 788 (McCarthy 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.
Opinion
To vacate an order denying a motion for a re-sale of certain real estate, which had been sold under a levy, but the sale of which had been set aside.
Denied April 17, 1877.
An application for mandamus to vacate an order made must be heard on the facts disclosed at the hearing in the circuit, and not upon new facts brought into the case upon the application here; and where the record does not disclose what the showing was at the hearing in the circuit, the court cannot say that relators were entitled to any different order than that which was made, and will not grant mandamus to compel the circuit judge to reverse his action.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
1 McGrath 788, 36 McGrath 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-circuit-judge-mich-1877.