Schook v. Iron Circuit Judge
Michigan Supreme Court
Mandaums by Paul Schook against Richard C. Flannigan, circuit judge of Iron county to require respondent to enter an order granting relator’s application to transfer an equity suit to the law side of the court, made after final decree in the case of Schook v. Zimmerman, 188 Mich. 617 (155 N. W. 526).
1Opinion of the CourtKuhn, J.
(after stating the facts). The claim of the relator is based entirely on the provision in the new judicature act (section 2, chap. 11, Act No. 314, Pub. Acts 1915 [3 Comp. Laws 1915, § 12351]), which permits transferring a cause from one side of a court to the other. This act went into effect January 1, 1915, ten days after the decree of this court was entered dismissing the bill. At the time of the decree of this court there was no rule of practice in force in this State which permitted the action here sought to be taken. The decree is plain and definite in its terms, and when it was made…
2Cited by2 opinions
- Kuberski v. PanfilMichigan Supreme Court · 1936
- Von Hoene v. BarberMichigan Supreme Court · 1921