Legal Opinion
St. Clair Tunnel Co. v. St. Clair Circuit Judge
Michigan Supreme Court
Decided September 23, 1897PublishedCited by 17 opinions
Mandamus by the St. Clair Tunnel Company to compel Samuel W. Vance, circuit judge of St. Clair county, to set aside an order permitting an amendment to a declaration.
1Opinion of the CourtMoore, J.
This is an application for a mandamus to compel the circuit judge to vacate an order permitting an amendment to be made to the declaration in the case of David Turner against the St. Clair Tunnel Company.
The first question to be considered is whether, inasmuch as the writ of mandamus is a discretionary one, we will review the action in this proceeding. In Michigan Mut. Fire Ins. Co. v. Wayne Circuit Judge, 112 Mich. 270, it is stated:
“ It is a general rule that the writ will not lie where the law has provided another remedy. It is said a writ of mandamus issues because there is no other…
2Cases cited8 opinions
- Michigan Mutual Fire Insurance v. Wayne Circuit JudgeMichigan Supreme Court · 1897
- Polhemus v. Ann Arbor Savings BankMichigan Supreme Court · 1873
- Pangborn v. Continental InsuranceMichigan Supreme Court · 1888
- Pratt v. DavisMichigan Supreme Court · 1895
- Browne v. MooreMichigan Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Daly v. BlairMichigan Supreme Court · 1914
- Steel v. Clinton Circuit JudgeMichigan Supreme Court · 1903
- City of Flint v. Genesee Circuit JudgeMichigan Supreme Court · 1906
- Lyle v. Cass Circuit JudgeMichigan Supreme Court · 1909
- Geddis v. Wayne Circuit JudgeMichigan Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.