Taylor v. Wayne Circuit Judge

Plaintiffs, husband and wife, sued a defendant doctor for malpractice and for assault and battery and rape allegedly committed on the person of plaintiff wife. A jury returned a verdict of no cause for action. Plaintiffs’ motion for new trial was denied. They took an appeal to this Court.

After appealing here, plaintiffs filed a motion in circuit court, under Michigan Court Rule No 66, § 2 (1945) * requesting permission to file a transcript in the appeal consisting of only part of the testimony and matters taken by the reporter on trial. The motion was denied.

On application here for mandamus…