Legal Opinion

Hosford v. Gratiot Circuit Judge

Michigan Supreme Court

Decided January 7, 1902PublishedCited by 7 opinions

Mandamus by May Hosford to compel George P. Stone, circuit judge of Gratiot county, to dismiss a prosecution against her for adultery.

1Per curiam

Relator was arrested on complaint of her husband, charging her with adultery, and is confined in prison awaiting trial. The husband filed a paper stating facts very similar to those in People v. Dalrymple, 55 Mich. 519 (22 N. W. 20). Upon filing such paper, relator moved that the proceedings be dismissed and she *303be discharged. The court denied the motion, holding that the husband, the complaining party, could not control the suit after it was once begun.

The court was certainly in error under the case above cited, and should have granted the motion. This, however, is not the proper proceeding…

2Cases cited1 opinion

  1. People v. DalrympleMichigan Supreme Court · 1885

3Cited by7 opinions

  1. Steel v. Clinton Circuit JudgeMichigan Supreme Court · 1903
  2. Lyle v. Cass Circuit JudgeMichigan Supreme Court · 1909
  3. State v. AllisonSupreme Court of Minnesota · 1928
  4. Taylor v. StateCourt of Criminal Appeals of Oklahoma · 1925
  5. State v. BeckNorth Dakota Supreme Court · 1925

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