Merlau v. Kalamazoo Circuit Judge

Relator asks for a writ of mandamus to be issued against respondent to compel him to set aside a certain order made by him as such circuit judge in a cause pending in said court, wherein relator is plaintiff and Fred A. Herreman is defend*394ant, quashing the proceedings had upon a certain writ of capias ad respondendum, discharging defendant from bail and his sureties upon the bail bond.

This action by relator is brought against defendant to recover damages arising from fraud. The answer of respondent and the brief of his counsel in these mandamus proceedings admit that the statement of facts in…