St. John v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by Robert St. John to compel Morse Rohnert, circuit judge of Wayne county, to vacate an order denying a petition for an attachment in contempt proceedings. It appears from the answer that relator is plaintiff in an action of assumpsit pending in the circuit court for the county of Wayne, entitled Robert St. John, Plaintiff, v. Frances Sullivan, alias Dolly Sullivan, alias Frances True-dell, alias Dolly Truedell, Defendant, but has filed no declaration therein.
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Mandamus by Robert St. John to compel Morse Rohnert, circuit judge of Wayne county, to vacate an order denying a petition for an attachment in contempt proceedings. It appears from the answer that relator is plaintiff in an action of assumpsit pending in the circuit court for the county of Wayne, entitled Robert St. John, Plaintiff, v. Frances Sullivan, alias Dolly Sullivan, alias Frances True-dell, alias Dolly Truedell, Defendant, but has filed no declaration therein. He caused a notice to be given under the provisions of 3 Comp. Laws, § 10136, addressed to said defendant, in and by which…
1Opinion of the CourtOstrander, J.
(after stating the facts). It is the contention of relator that a question of law is presented, and that it is immaterial what conclusions of fact were reached by the respondent. No part of the answer appears in the printed record. Nor could we have known, except by reference to the files in the office of the clerk of this court, what answer was made by respondent. We discover no irregularity in the practice pursued by relator in the proceeding to secure the deposition. The deposition of a party to an action may be taken at the instance of the opposing party. Young v. Kent Circuit Judge, 116…
2Cases cited1 opinion
- Young v. Kent Circuit JudgeMichigan Supreme Court · 1898
3Cited by1 opinion
- Van Dyke v. DoughtyMichigan Supreme Court · 1913