People ex rel. Fletcher v. Kalamazoo Circuit Judge

Michigan Supreme Court

People ex rel. Fletcher v. Kalamazoo Circuit Judge

39 Mich. 301

CourtMichigan Supreme Court

DecidedOctober 9, 1878

StatusPublished

Cited by3 cases

This text of 39 Mich. 301 (People ex rel. Fletcher v. Kalamazoo 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

People ex rel. Fletcher v. Kalamazoo Circuit Judge, 39 Mich. 301 (Mich. 1878).

Pincite

Opinion

Per Curiam.

The statute (Comp. L., § 7110) allowing a fine for not observing a writ of mandamus only applies when a writ has actually issued and been disobeyed. Failure to make return to an order to show cause does not come within the statute. Where a peremptory writ issues it is res judicata. But an order to show cause determines nothing and furnishes no means to measure damages for disobedience, and such disobedience must be punished by the usual remedies and not under the statute.

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Per Curiam.

The statute (Comp. L., § 7110) allowing a fine for not observing a writ of mandamus only applies when a writ has actually issued and been disobeyed. Failure to make return to an order to show cause does not come within the statute. Where a peremptory writ issues it is res judicata. But an order to show cause determines nothing and furnishes no means to measure damages for disobedience, and such disobedience must be punished by the usual remedies and not under the statute.

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Bluebook (online)

39 Mich. 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-fletcher-v-kalamazoo-circuit-judge-mich-1878.

Opinion

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