Township of Ross v. Michigan United Railways Co.

I am unable to concur in the opinion of Mr. Justice Hooker, and I therefore proceed to state briefly the grounds of my dissent.

The Remedy. In considering this question, it is to be borne in mind that the application for the writ was not made to this court, but to the .circuit court, which exercised its discretion in favor of granting the writ. We are asked to review the action of the circuit court upon certiorari and are not called upon to exercise our discretion, but, so far as this aspect of the matter is concerned, to determine whether the circuit judge abused his discretion. In my…