Thompson v. Bay Circuit Judge
Michigan Supreme Court
Mandamus by Martha J. Thompson to compel Theodore F. Shepard, circuit judge of Bay county, to set aside an order striking a stipulation of discontinuance from the files. Petitioner brought suit in the circuit court of Bay county against the city of West Bay City for negligent personal injury, and had judgment, which was reversed on error in this court.
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Mandamus by Martha J. Thompson to compel Theodore F. Shepard, circuit judge of Bay county, to set aside an order striking a stipulation of discontinuance from the files. Petitioner brought suit in the circuit court of Bay county against the city of West Bay City for negligent personal injury, and had judgment, which was reversed on error in this court. Thompson v. City of West Bay City, 137 Mich. 94. The attorneys of the parties afterward stipulated to discontinue the cause without costs to either party, and petitioner subsequently brought another suit for the same injury against the city and…
1Per curiam
The writ will be denied. The case is distinguishable from Voigt Brewery Co. v. Wayne Circuit Judge, 103 Mich. 190. In that case the effect of. the action of the circuit judge was to adjudge that a settlement of a cause of action was fraudulent. It was held that such question could not be thus tried. Here there is no such question. The plaintiff is merely required to proceed with her cause or pay the costs. If the discontinuance in such a case was obtained fraudulently, we think the court might set the same aside on motion and proper showing.
2Cases cited1 opinion
- Voigt Brewery Co. v. DonovanMichigan Supreme Court · 1894
3Cited by3 opinions
- Lusas v. St. Patrick's Roman Catholic Church Corp.Supreme Court of Connecticut · 1937
- Johnson v. Harvester Mutual Fire InsuranceMichigan Supreme Court · 1932
- Apple v. GansonOhio Court of Appeals · 1947