Legal Opinion

Fraser v. Lapeer Circuit Judge

Michigan Supreme Court

Decided April 19, 1882PublishedCited by 1 opinion

Mandamus to prohibit respondent from hearing an appeal from the disallowance of a claim against the estate of relator’s decedent.

1Opinion of the CourtCooley, J.

Nothing in the argument creates any doubt in our minds of the power of the circuit judge to transfer this case from the St. Clair to the Lapeer circuit under the statute, Comp. L. § 4971.

The case is within the terms of the statute; for it is a proceeding pending in the circuit court on the law side thereof. Prima facie, therefore, it is within the intent; If so, it was rightly transferred. No constitutional provision precludes such a transfer; and the Legislature in providing for it and in conferring upon the circuit court to which the case is sent authority to adjudicate, has given by…

2Cited by1 opinion

  1. Kittridge v. KinneMichigan Supreme Court · 1890

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