Passerman v. Judge of Recorder's Court of Detroit

Michigan Supreme Court

Passerman v. Judge of Recorder's Court of Detroit

12 N.W.2d 437, 307 Mich. 755, 1944 Mich. LEXIS 385

CourtMichigan Supreme Court

DecidedJanuary 7, 1944

DocketCalendar No. 42,641-1/2.

StatusPublished

This text of 12 N.W.2d 437 (Passerman v. Judge of Recorder's Court of Detroit) 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

Passerman v. Judge of Recorder's Court of Detroit, 12 N.W.2d 437, 307 Mich. 755, 1944 Mich. LEXIS 385 (Mich. 1944).

Pincite

Opinion

Petitioner, a criminal sexual psychopathic person, seeks a writ of mandamus directing defendant to hear his petition which was denied as insufficient. *Page 756

In Re Rowan, 305 Mich. 231, we said:

"We interpret the provision (Act No. 165, § 7, Pub. Acts 1939 [Comp. Laws Supp. 1940, § 6991-7, Stat. Ann. 1943 Cum. Supp. § 28.967 (7)]) to be mandatory in this respect if jury trial is demanded by the petitioner within the time limited therein."

To this we add: The statute requires that the petition must show a factual basis for the claim of full recovery.

Such showing not having been made, the writ of mandamus is denied.

NORTH, C.J., and STARR, WIEST, BUTZEL, BUSHNELL, SHARPE, BOYLES, and REID, JJ., concurred.

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