People ex rel. Gilman v. Judge of Wayne Circuit Court
Michigan Supreme Court
Application for mandamus : ' By Francis Gilman, to compel the Judge of the Circuit Court for the County of Wayne to vacate an order for a new trial granted by him, in a case in which one Hyacinth Riopelle was plaintiff, and the relator defendant. The action was ejectment. It had been tried twice. On the first trial Riopelle obtained a verdict and judgment. This was brought by Gilman, by writ of error, to 'this Court, where the judgment was reversed, and a new trial ordered.
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Application for mandamus : ' By Francis Gilman, to compel the Judge of the Circuit Court for the County of Wayne to vacate an order for a new trial granted by him, in a case in which one Hyacinth Riopelle was plaintiff, and the relator defendant. The action was ejectment. It had been tried twice. On the first trial Riopelle obtained a verdict and judgment. This was brought by Gilman, by writ of error, to 'this Court, where the judgment was reversed, and a new trial ordered. On the second trial verdict and judgment passed for Gilman. Riopelle then made application under the provisions of §…
1Opinion of the CourtChristiancy, J.
The intention of the statute was, we think, to give the new trial after a judgment regularly and rightfully obtained. The statute was not needed to get rid of a judgment wrongfully or illegally obtained. If it has been wrongfully obtained, as by error of law or fact, it was not a legal and valid judgment, but subject to be reversed; and being reversed, the case stands the same as if no such judgment had ever been rendered.
The new trial in question in this case is the first new trial under this section.
The new trial granted by this Court was not one of the new trials provided for by this…
2Cited by6 opinions
- Frost v. MeyerWisconsin Supreme Court · 1908
- People ex rel. Dennison v. Circuit JudgeMichigan Supreme Court · 1877
- Boland v. GillettWisconsin Supreme Court · 1878
- Iron Silver Min. Co. v. CampbellCourt of Appeals for the Eighth Circuit · 1894
- Smith v. Meemic InsuranceMichigan Court of Appeals · 2009
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