People ex rel. Orr v. Judge of the Wayne Circuit Court.
Michigan Supreme Court
Application for mandamus. The petition set up what it alleged to bo tlie facts in the case, and prayed for a mandamus to compel the respondent to set aside a judgment rendered upon a trial by the court without a jury, iu the. Wayne circuit court, in favor of Patrick Fitzsimons and another against the relator, and to enter upon the records an order in said cause for the trial thereof by jury.
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Application for mandamus. The petition set up what it alleged to bo tlie facts in the case, and prayed for a mandamus to compel the respondent to set aside a judgment rendered upon a trial by the court without a jury, iu the. Wayne circuit court, in favor of Patrick Fitzsimons and another against the relator, and to enter upon the records an order in said cause for the trial thereof by jury. Upon the showing made by this petition, an order to show cause had been granted, which was served upon the respondent. The respondent answered, stating what he alleged to be the facts, as to what had…
1Opinion of the Court
The Court
held that the return must be conclusively taken to be true so far as it states facts as to the respondent’s own action and what occurred in connection therewith within his own knowledge, and that an issue of fact would not be allowed to be framed upon it.
Mandamzis denied with costs.
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