Thompson v. Bay Circuit Judge

Michigan Supreme Court

Thompson v. Bay Circuit Judge

101 N.W. 61, 138 Mich. 81, 1904 Mich. LEXIS 792

CourtMichigan Supreme Court

DecidedOctober 26, 1904

DocketCalendar No. 20,743

StatusPublished

Cited by3 cases

This text of 101 N.W. 61 (Thompson v. Bay 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

Thompson v. Bay Circuit Judge, 101 N.W. 61, 138 Mich. 81, 1904 Mich. LEXIS 792 (Mich. 1904).

Pincite

Opinion

Per Curiam.

The writ will be denied. The case is distinguishable from Voigt Brewery Co. v. Wayne Circuit Judge, 103 Mich. 190. In that case the effect of. the action of the circuit judge was to adjudge that a settlement of a cause of action was fraudulent. It was held that such question could not be thus tried. Here there is no such question. The plaintiff is merely required to proceed with her cause or pay the costs. If the discontinuance in such a case was obtained fraudulently, we think the court might set the same aside on motion and proper showing.

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Per Curiam.

The writ will be denied. The case is distinguishable from Voigt Brewery Co. v. Wayne Circuit Judge, 103 Mich. 190. In that case the effect of. the action of the circuit judge was to adjudge that a settlement of a cause of action was fraudulent. It was held that such question could not be thus tried. Here there is no such question. The plaintiff is merely required to proceed with her cause or pay the costs. If the discontinuance in such a case was obtained fraudulently, we think the court might set the same aside on motion and proper showing.

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Bluebook (online)

101 N.W. 61, 138 Mich. 81, 1904 Mich. LEXIS 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-bay-circuit-judge-mich-1904.

Opinion

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