People ex rel. Shimer v. Circuit Judge
Michigan Supreme Court
Mandamus. This is an application for - a mandamus to compel the Judge of Branch Circuit to vacate an order made and entered -by said Circuit Court February 14, 1868, setting aside the judgment and granting a new trial in the case of John. Shimer v. Allen Turner and Catharine A. Turner, on the ground of newly discovered evidence.
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Mandamus. This is an application for - a mandamus to compel the Judge of Branch Circuit to vacate an order made and entered -by said Circuit Court February 14, 1868, setting aside the judgment and granting a new trial in the case of John. Shimer v. Allen Turner and Catharine A. Turner, on the ground of newly discovered evidence. That case was an action to recover damages for the breach of covenants of seizin, and free from incumbrances, contained in a deed executed by the defendants to plaintiff June 2, 1866, conveying the southwest one-quarter of the southwest one-quarter of section twenty…
1Per curiam
We are of opinion that there was not an entire failure of any showing, but on the contrary there was something upon which the Circuit Judge was called upon to exercise his judgment; and that being so, the question whether a new trial should be granted is one addressed to his discretion, and the Supreme Court has no authority to review his conclusion, and compel him by mandamus to rescind his order.
Motion denied.
2Cited by6 opinions
- Grist v. Upjohn CompanyMichigan Court of Appeals · 1969
- Jaeger v. MitchellMichigan Supreme Court · 1936
- Chicago & Grand Trunk Railway Co. v. NewtonMichigan Supreme Court · 1891
- O'Brien v. Judge of Recorder's CourtMichigan Supreme Court · 1926
- Sloan v. Kramer-Orloff Co.Michigan Supreme Court · 1963
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