Legal Opinion

People ex rel. Faust v. Judge of the Calhoun Circuit Court

Michigan Supreme Court

Decided October 7, 1874PublishedCited by 5 opinions

Application for mandamus. The purpose of this application is to require the circuit judge to sign a bill of exceptions to bring up for review, on writ of error, proceedings on habeas corpus had before him at chambers.

1Opinion of the Court

The Court

held that such proceedings were not according to the course of the common law in the sense in which that expression .is applied to proceedings reviewable on writ of error; and that the proper remedy was by certiorari, or by habeas corpus in the supreme court, neither of which would be available now in this case, as the imprisonment has expired.

Motion denied.

2Cited by5 opinions

  1. State ex rel. Repp v. CoxIndiana Supreme Court · 1900
  2. In re BrockMichigan Supreme Court · 1906
  3. Ellis v. DabollMichigan Supreme Court · 1892
  4. Carruth v. TaylorNorth Dakota Supreme Court · 1898
  5. Hartley v. MillerMichigan Supreme Court · 1910