Ambos v. Ingham Circuit Judge
Michigan Supreme Court
Mandamus by William J. Ambos to compel Howard Wiest, circuit judge of Ingham county, to enter a decree of divorce in favor of relator. Relator filed a bill for divorce against his wife. The bill was filed November 9th. The jurat bears date November 4th, and the petitioner says that he cannot say whether it was actually sworn to on that day or some later day.
Read the full summary
Mandamus by William J. Ambos to compel Howard Wiest, circuit judge of Ingham county, to enter a decree of divorce in favor of relator. Relator filed a bill for divorce against his wife. The bill was filed November 9th. The jurat bears date November 4th, and the petitioner says that he cannot say whether it was actually sworn to on that day or some later day. On November 4th complainant also made an affidavit, entitled in the cause, to the effect that the defendant was not a resident of Michigan, but was a resident of the city of Columbus, Ohio. Upon this the court made an order of…
1Opinion of the CourtGrant, J.
(after stating the facts). We may infer that no decree dismissing the bill has been entered. This court will not compel a circuit judge to sign a particular decree. If he refuses to sign any, the writ of mandamus would issue to compel him to decide the case and enter such decree as he thinks is proper. Respondent returns that he is satisfied from the proofs that the material allegations of the bill of complaint are true. Chancery cases are heard de novo in this court, and, if the case were here on appeal, we might not concur in the conclusion reached by the circuit judge. The circuit judge…
2Cited by3 opinions
- Steel v. Clinton Circuit JudgeMichigan Supreme Court · 1903
- Smolenski v. Kent Probate JudgeMichigan Supreme Court · 1942
- Stevens v. Wayne Circuit JudgeMichigan Supreme Court · 1910