Legal Opinion

Early v. Ingham Circuit Judge

Michigan Supreme Court

Decided July 5, 1911No. Calendar No. 24,521PublishedCited by 4 opinions

Mandamus by Thomas Early and William Fitzpatrick against Howard Wiest, one of the circuit judges for the county of Ingham, to compel the issuance of a temporary injunction restraining the enforcement of an arbitration award and to secure the entry of an order on the law side of said court staying proceedings pending the determination of the suit in equity.

1Opinion of the CourtOstrander, C. J.

The relators and one Daniel W. Tussing submitted a controversy to arbitrators, with an agreement that a judgment should be entered in the circuit court for the county of Ingham upon the award. The arbitrators rendered a decision favorable to Tussing and the next day, December 2, 1910, filed their award. A motion to confirm the award is pending. Relators have not moved to vacate or modify the award, as under the statute they may do. 3 Comp. Laws, § 10932. January 9, 1911, relators filed their sworn bill in the circuit court for the county of Ingham, in chancery, against the said Daniel W.…

2Cases cited3 opinions

  1. Seaton v. KendallIllinois Supreme Court · 1898
  2. Seaton v. KendallAppellate Court of Illinois · 1895
  3. Kearney v. Washtenaw Mutual Fire-InsuranceMichigan Supreme Court · 1901

3Cited by4 opinions

  1. Palmer v. Patrons' Mutual Fire InsuranceMichigan Supreme Court · 1922
  2. Jackson v. State Mutual Rodded Fire InsuranceMichigan Supreme Court · 1922
  3. Early v. Ingham Circuit JudgeMichigan Supreme Court · 1912
  4. Coolidge v. SandwichCourt of Appeals of Georgia · 1934

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