Warren v. Lenawee Circuit Judge

Michigan Supreme Court
Warren v. Lenawee Circuit Judge, 160 Mich. 572 (Mich. 1910)
125 N.W. 712
Hooker, McAlvay, Montgomery, Moore, Ostrander

Warren v. Lenawee Circuit Judge

Opinion of the Court

Montgomery, C. J.

Two cases were instituted by bill in chancery in the circuit court against the present relators, and it is moved to dismiss the proceedings for the want of jurisdiction. The circuit judge overruled the motion, and the defendants now apply for mandamus to compel the vacation of the order refusing to dismiss the cases.

The remedy by mandamus is not the proper remedy. Michigan Mut. Fire-Ins. Co. v. Wayne Circuit Judge, 112 Mich. 270 (70 N. W. 582), and Hitchcock v. Wayne Circuit Judge, 144 Mich. 362 (107 N. W. 1123).

*573The statute (Act No. 310, Pub. Acts 1905) has not modified the rule of these cases, as that statute relates to actions at law.

The application in each case is denied, with costs.

Ostrander, Hooker, Moore, and McAlvay, JJ., concurred.

Reference

Full Case Name
WARREN v. LENAWEE CIRCUIT JUDGE DETROIT, TOLEDO & IRONTON RAILWAY v. SAME
Cited By
2 cases
Status
Published