Legal Opinion

Zemon v. Wayne Circuit Judge

Michigan Supreme Court

Decided July 22, 1912No. Calendar No. 25,208PublishedCited by 2 opinions

Mandamus by David S. Zenlon and another against Henry A. Mandel, one of the circuit judges for the county of Wayne, to compeLrespóndent to appoint a receiver in a judgment creditor’s suit.

1Opinion of the CourtBrooke, J.

Upon the application of relators, respondent refused to appoint a receiver as prayed in a judgment creditors’ bill. Relators thereupon applied to this court for an order against respondent to show cause why a writ of mandamus should not issue directing him to set aside his order refusing to appoint a receiver and further directing him to appoint a receiver. The order to show cause issued, and the return is now before us.

We are met at the outset by the claim on the part of the respondent that mandamus is not the proper remedy. We are of opinion that respondent is correct in this contention. If…

2Cases cited2 opinions

  1. Mardian v. Wayne Circuit JudgeMichigan Supreme Court · 1898
  2. Tarsney v. Wayne Circuit JudgeMichigan Supreme Court · 1908

3Cited by2 opinions

  1. Zemon v. TrimMichigan Supreme Court · 1914
  2. Smolenski v. Kent Probate JudgeMichigan Supreme Court · 1942

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