Yawkey v. Richardson

Michigan Supreme Court

Yawkey v. Richardson

1 McGrath 312, 9 McGrath 528

DecidedJuly 1, 1881

StatusPublished

This text of 1 McGrath 312 (Yawkey v. Richardson) 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

Yawkey v. Richardson, 1 McGrath 312, 9 McGrath 528 (Mich. 1881).

Pincite

Opinion

Yawkey, a non-resident, was joined as defendant with one Emerson, for the purpose of defeating Yawkey’s right to have [316]*316-the case removed to the Federal Court, and plaintiff was allowed on the trial to discontinue as to Emerson. Denfendant in error insisted that liberty to discontinue under the rule was, if not an absolute right, at least in the uncontrolled discretion of the court, and if controllable, it was by a mandamus and not by •exception.

The court discussed the question, but did not determine it, ■and reversed the judgment on the exception.

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Yawkey, a non-resident, was joined as defendant with one Emerson, for the purpose of defeating Yawkey’s right to have [316]*316-the case removed to the Federal Court, and plaintiff was allowed on the trial to discontinue as to Emerson. Denfendant in error insisted that liberty to discontinue under the rule was, if not an absolute right, at least in the uncontrolled discretion of the court, and if controllable, it was by a mandamus and not by •exception.

The court discussed the question, but did not determine it, ■and reversed the judgment on the exception.

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Bluebook (online)

1 McGrath 312, 9 McGrath 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yawkey-v-richardson-mich-1881.