Michigan Supreme Court, 1940

Smith v. Ingham Circuit Judge

Smith v. Ingham Circuit Judge
Michigan Supreme Court · Decided October 8, 1940 · Sharpe, Boyles, Chandler, North, Wiest, Butzel, McAllister, Bushnell
298 N.W. 102; 297 Mich. 478 (North Western Reporter)

Smith v. Ingham Circuit Judge

Addendum

Bushnell, J.

Because of the court’s decision to-

day in Chrysler Corp. v. Smith, ante, 438 (135 A. L. R. 900), I concur.

McAllister, J., concurred with Bushnell, J.

Opinion of the Court

Per Curiam.

This is a petition for mandamus to compel Leland W. Carr, Ingham circuit judge, to vacate an order staying the payment of certain unemployment benefits by the Michigan unemployment compensation commission pending the determination of an appeal. The appeal in that case has been heard at the October session of court and the *479 questions raised are decided in Chrysler Corp. v. Smith, ante, 438 (135 A. L. R. 900). The purpose in seeking mandamus is to obtain the payment of benefits pending decision on the above appeal, without regard to the ultimate decision as to the rights of the parties.

Writ denied. No costs awarded, this being a question of public interest.

Sharpe, C. J., and Boyles, Chandler, North, Wiest, and Butzel, JJ., concurred.

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