Sharp v. Montcalm Circuit Judge
Cases that cite this one
8 later published cases cite this decision.
- Olds Motor Works v. Wayne Circuit Judge (Mich. 1911)
- Mikkola v. Houghton Circuit Judge (Mich. 1911)
- Hamilton Carhartt Cotton Mills v. Wayne Circuit Judge (Mich. 1925)
- Michigan Public Utilities Commission v. Michigan State Telephone Co. (Mich. 1924)
- Peninsular Club of Grand Rapids v. Kent Circuit Judge (Mich. 1908)
- Geddis v. Wayne Circuit Judge (Mich. 1908)
- Tarsney v. Wayne Circuit Judge (Mich. 1908)
- City of Flint v. Genesee Circuit Judge (Mich. 1906)
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
The probate judge of Montcalm county made an order allowing relator’s annual guardianship account. An appeal was taken from that order to the circuit court for said county. Relator moved to dismiss on the ground that the appeal was taken by one who had no right to take it. Respondent denied this motion. Relator asks us to compel him to grant it by issuing a writ of mandamus.
It is obvious that relator (provided he does nothing that amounts to a waiver) may review the order complained of by writ of error after final judgment. It is settled by many recent decisions of this court (see Michigan Mut. Fire-Ins. Co. v. Wayne Circuit Judge, 112 Mich. 270; Cattermole v. Ionia Circuit Judge, 136 Mich. 274; Roberts v. Lenawee Circuit Judge, 140 Mich. 115; Chatfield v. Lenawee Circuit Judge, 140 Mich. 636) that he must content himself with that method of review, and is not entitled to a writ of mandamus.
Mandamus denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.