Michigan Supreme Court, 1868

People ex rel. Shimer v. Circuit Judge

People ex rel. Shimer v. Circuit Judge
Michigan Supreme Court · Decided May 13, 1868
17 Mich. 67; 1868 Mich. LEXIS 42

People ex rel. Shimer v. Circuit Judge

Opinion of the Court

Per Curiam.

We are of opinion that there was not an entire failure of any showing, but on the contrary there was something upon which the Circuit Judge was called upon to exercise his judgment; and that being so, the question whether a new trial should be granted is one addressed to his discretion, and the Supreme Court has no authority to review his conclusion, and compel him by mandamus to rescind his order.

Motion denied.

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