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Michigan Supreme Court, 1874

People ex rel. Powers v. Judge of Kent Circuit Court

People ex rel. Powers v. Judge of Kent Circuit Court
Michigan Supreme Court · Decided October 21, 1874
30 Mich. 387; 1874 Mich. LEXIS 203
People ex rel. Powers v. Judge of Kent Circuit Court

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Per Curiam.

This is an application for mandamus to require the judge to strike from the files of a cause pending in his court an amended declaration. "We are unable to find in the application, as explained to us, any ground for this intervention. Setting aside all question as to the appropriateness of mandamus to get rid of the amendment to *388the declaration if erroneous as introducing a new and distinct canse of action, or as destroying the identity of the cause of action for which the suit was originally instituted,, the showing does not, as we think, establish prima facie that any such change was made, or any change not within judicial discretion.

The application must therefore be refused.

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