People ex rel. Hoffman v. Circuit Judge
This text of 37 Mich. 131 (People ex rel. Hoffman 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
This is a motion for a mandamus to
.compel the circuit judge to grant an order for a new trial as a matter of right under the statute in an action of ejectment. It appears, however, that there has been no trial at all, but only a non-suit. An application to set this aside would be addressed to the discretion of the court below; the statute has no reference to such a case. The .statute intends to give the parties a second trial upon the facts; and a case is only brought within it where it appears .that one trial has already been had. Comp. L., § 6238.
Motion denied.
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Cite This Page — Counsel Stack
37 Mich. 131, 1877 Mich. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-hoffman-v-circuit-judge-mich-1877.