People ex rel. Hoffman v. Circuit Judge
Cases that cite this one
3 later published cases cite this decision.
- Detroit Trust Co. v. Sosensky (Mich. 1942)
- Sezor v. Proctor & Gamble Soap Co. (Mich. 1934)
- Liebke v. Methudy (Mo. Ct. App. 1883)
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
This is a motion for a mandamus to
.compel the circuit judge to grant an order for a new trial as a matter of right under the statute in an action of ejectment. It appears, however, that there has been no trial at all, but only a non-suit. An application to set this aside would be addressed to the discretion of the court below; the statute has no reference to such a case. The .statute intends to give the parties a second trial upon the facts; and a case is only brought within it where it appears .that one trial has already been had. Comp. L., § 6238.
Motion denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.