Corby v. Wayne Circuit Judge

This application for mandamus arises out of the case of Corby v. City of Detroit, 180 Mich. 208 (146 N. W. 670), brought to recover back taxes paid under protest, which was reversed by this court and remanded, with instructions to enter judgment for plaintiff on a basis outlined in the opinion filed. That course was pursued under authority cited by plaintiff, instead of granting a new trial in general terms,' as is the customary ' course, on the theory that no further contentions could arise, inasmuch as all parties in the court below had requested a directed verdict claiming no issues of…