Goodspeed v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by Estelle Morris Goodspeed to compel P. J. M. Hally, circuit judge of Wayne county, to vacate an order setting aside an order appointing an appraiser.
1Opinion
On Motion for Rehearing.
2Per curiam
The principal reason, urged by the defendant herein, for a rehearing is that we did not decide the question: “Was or was not the appointment of an appraiser, under the statute in controversy, a judicial act?” Whether the action here invoked is judicial action, is not a controlling question. It is similar to the action of the circuit court in allowing the claims of coroners in cases of inquest on the dead body of a stranger. Section 15655, 3 Comp. Laws 1915.
It was held in Be Toepel, 139 Mich. 85, that such action called for the exercise of judicial discretion, and was…
3Cases cited3 opinions
- People v. HoffmannMichigan Supreme Court · 1905
- Edwards v. Auditor GeneralMichigan Supreme Court · 1910
- In re ToepelMichigan Supreme Court · 1905