Legal Opinion

Preston National Bank v. Wayne Circuit Judge

Michigan Supreme Court

Decided December 15, 1905No. Calendar No. 21,363PublishedCited by 6 opinions

Mandamus by the Preston National Bank to compel Flavius L. Brooke, circuit judgb of Wayne county, to grant a change of venue.

1Opinion of the CourtMontgomery, J.

This is an application for mandamus requiring respondent to grant a change of venue in the case of the Union Trust Company against the relator. Relator, acting under Act No. 309, Pub. Acts 1905, filed an affidavit stating that the “defendant cannot have a fair and impartial trial of said cause in said county because of the odium attaching to the defendant and its cause of defense, on account of local prejudice here existing against defendant,” and that “defendant cannot have a fair and impartial trial of said cause in said county because the plaintiff has an undue influence over the citizens…

2Cases cited8 opinions

  1. Rout v. NindeIndiana Supreme Court · 1889
  2. Cory v. SilcoxIndiana Supreme Court · 1854
  3. Shurtz v. Schoolcraft & Three Rivers RailroadMichigan Supreme Court · 1861
  4. Stellwagen v. Wayne Probate JudgeMichigan Supreme Court · 1902
  5. Freud v. Wayne Circuit JudgeMichigan Supreme Court · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Schultz v. YoungNew Mexico Supreme Court · 1933
  2. Goodell v. YezerskiMichigan Supreme Court · 1912
  3. Hunter v. DoeMichigan Court of Appeals · 1975
  4. Besser v. Alpena Circuit JudgeMichigan Supreme Court · 1909
  5. Grand Rapids & Indiana Railroad v. Cheboygan Circuit JudgeMichigan Supreme Court · 1909

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API