Smith v. Weins

Michigan Supreme Court

Smith v. Weins

293 Mich. 105

CourtMichigan Supreme Court

DecidedApril 1, 1940

DocketDocket No. 113, Calendar No. 40,830

StatusPublished

This text of 293 Mich. 105 (Smith v. Weins) 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

Smith v. Weins, 293 Mich. 105 (Mich. 1940).

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Opinion

Chandler, J.

This is an appeal, prosecuted as of right by contestant and appellant, from certain orders of the court below, the prayer for relief asking that this court issue its writ of mandamus to compel the vacation of said orders,

The records of this court show that application for leave to appeal was denied. Review, if any, is by mandamus and not by appeal.

Leave to prosecute an appeal in the nature of mandamus was necessary and was not obtained. We, therefore, dismiss the appeal. Quail v. Cole, 260 Mich. 642. Appellees will recover costs.

Bushnell, C. J., and Sharpe, Potter, North, Mc-Allister, Wiest, and Butzel, JJ., concurred.

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Chandler, J.

This is an appeal, prosecuted as of right by contestant and appellant, from certain orders of the court below, the prayer for relief asking that this court issue its writ of mandamus to compel the vacation of said orders,

The records of this court show that application for leave to appeal was denied. Review, if any, is by mandamus and not by appeal.

Leave to prosecute an appeal in the nature of mandamus was necessary and was not obtained. We, therefore, dismiss the appeal. Quail v. Cole, 260 Mich. 642. Appellees will recover costs.

Bushnell, C. J., and Sharpe, Potter, North, Mc-Allister, Wiest, and Butzel, JJ., concurred.

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Bluebook (online)

293 Mich. 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-weins-mich-1940.

Opinion

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