People ex rel. Parker v. Judge of Calhoun Circuit
Cases that cite this one
4 later published cases cite this decision.
- Lyle v. Cass Circuit Judge (Mich. 1909)
- Van Cleve Glass Co. v. Tillyer (Cuyahoga Circuit Court 1899)
- Van Cleve Glass Co. v. Tillyer (Ohio Circuit Courts 1899)
- Lyon v. Smith (Mich. 1887)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A motion founded upon affidavits was made in the court below to stay proceedings on a judgment, on the ground that it had been compromised and paid. The compromise and payment were denied by the plaintiff. The court refused tho motion. This is an application for a mandamus to compel the court to make an order for a perpetual stay of proceedings.
Without reference to the question of lien, if the payment and compromise had not been denied or contested, the order might perhaps have been properly granted. But when these were contested, a question was raised upon the rights of the parties, which could not properly bo tried upon affidavits.
Questions pertaining merely to the mode of procedure may be tried upon affidavits. But, generally, no matter can properly he tried upon mere affidavit, unless it ho matter
The motion for a mandamus must be denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.