Michigan Supreme Court, 1905

Jones v. Wayne Circuit Judge

Jones v. Wayne Circuit Judge
Michigan Supreme Court · Decided September 28, 1905
141 Mich. 408; 104 N.W. 692; 1905 Mich. LEXIS 804
Jones v. Wayne Circuit Judge

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

The question in this case is whether this court should interfere by mandamus to compel the circuit judge to vacate an order denying a motion for leave to file an amended declaration; said motion having been made before trial of the cause, which has not yet taken place.

The question is properly reviewable on error after judgment, if the proper exception was taken, by including the proceedings in the bill of exceptions. See People v. Anderson, 53 Mich. 60; Pangborn v. Insurance Co., 67 Mich. 683; Skutt v. Kent Circuit Judge, 136 Mich. 477; Snyder v. Quarton, 47 Mich. 211. This being so, mandamus will not lie.

The writ will be denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.