People ex rel. Taylor v. Judge of the Osceola Circuit Court
Michigan Supreme Court
Application for mandamus. The respondent’s predecessor in office had referred a cause in said court to which the relator was a party, and after the report of the referee came in, the respondent, on motion of the relator’s adversary in said cause, set aside the reference and all proceedings under it.
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Application for mandamus. The respondent’s predecessor in office had referred a cause in said court to which the relator was a party, and after the report of the referee came in, the respondent, on motion of the relator’s adversary in said cause, set aside the reference and all proceedings under it. The relator applies for mandamus to set aside said order and to reinstate the referee’s report, claiming that the reference was ordered in the first instance upon the consent of both parties. It appears from the answer of the respondent that on the motion it was a disputed point between the…
1Opinion of the Court
The Court
held that the setting aside of a reference upon cause shown is such interlocutory action as is within the legitimate discretion of the circuit judge, and will not be reviewed on mandamus.
Writ denied, with costs..
2Cited by2 opinions
- People Ex Rel. Brignall v. LeweIllinois Supreme Court · 1943
- Clark v. ClarkSupreme Judicial Court of Maine · 1914