Warren v. Lenawee Circuit Judge

Michigan Supreme Court

Warren v. Lenawee Circuit Judge

125 N.W. 712, 160 Mich. 572

CourtMichigan Supreme Court

DecidedApril 1, 1910

DocketCalendar Nos. 23,351, 23,352

StatusPublished

Cited by2 cases

This text of 125 N.W. 712 (Warren v. Lenawee 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

Warren v. Lenawee Circuit Judge, 125 N.W. 712, 160 Mich. 572 (Mich. 1910).

Pincite

Opinion

Montgomery, C. J.

Two cases were instituted by bill in chancery in the circuit court against the present relators, and it is moved to dismiss the proceedings for the want of jurisdiction. The circuit judge overruled the motion, and the defendants now apply for mandamus to compel the vacation of the order refusing to dismiss the cases.

The remedy by mandamus is not the proper remedy. Michigan Mut. Fire-Ins. Co. v. Wayne Circuit Judge, 112 Mich. 270 (70 N. W. 582), and Hitchcock v. Wayne Circuit Judge, 144 Mich. 362 (107 N. W. 1123).

[573]*573The statute (Act No. 310, Pub. Acts 1905) has not modified the rule of these cases, as that statute relates to actions at law.

The application in each case is denied, with costs.

Ostrander, Hooker, Moore, and McAlvay, JJ., concurred.

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