Small v. Cheboygan Circuit Judge

Michigan Supreme Court

Small v. Cheboygan Circuit Judge

113 N.W. 370, 150 Mich. 6, 1907 Mich. LEXIS 746

DecidedOctober 19, 1907

StatusPublished

This text of 113 N.W. 370 (Small v. Cheboygan 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

Small v. Cheboygan Circuit Judge, 113 N.W. 370, 150 Mich. 6, 1907 Mich. LEXIS 746 (Mich. 1907).

Pincite

Opinion

Per Curiam.

Mandamus is asked to compel the respondent to vacate an order denying a dilatory appeal from an order of the probate court allowing the final account of an executor.

The order of the circuit j udge was a final order reviewable upon error and therefore not the proper subject of mandamus proceedings under a rule which we have stated many times. That it is applicable to this case is shown by the cases of Capwell v. Baxter, 58 Mich. 571, and Pickell v. Coates, 147 Mich. 53, both of which were here upon writs of error, a preliminary order for mandamus having been previously denied in the latter case. In City of Flint v. Genesee Circuit Judge, 146 Mich. 439, the subject is discussed, the foregoing and other authorities cited and followed.

The writ is denied.

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Per Curiam.

Mandamus is asked to compel the respondent to vacate an order denying a dilatory appeal from an order of the probate court allowing the final account of an executor.

The order of the circuit j udge was a final order reviewable upon error and therefore not the proper subject of mandamus proceedings under a rule which we have stated many times. That it is applicable to this case is shown by the cases of Capwell v. Baxter, 58 Mich. 571, and Pickell v. Coates, 147 Mich. 53, both of which were here upon writs of error, a preliminary order for mandamus having been previously denied in the latter case. In City of Flint v. Genesee Circuit Judge, 146 Mich. 439, the subject is discussed, the foregoing and other authorities cited and followed.

The writ is denied.

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Bluebook (online)

113 N.W. 370, 150 Mich. 6, 1907 Mich. LEXIS 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/small-v-cheboygan-circuit-judge-mich-1907.

Opinion

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