Legal Opinion

People ex rel. Taylor v. Judge of the Osceola Circuit Court

Michigan Supreme Court

Decided July 21, 1874PublishedCited by 2 opinions

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.

Read the full summary

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

  1. People Ex Rel. Brignall v. LeweIllinois Supreme Court · 1943
  2. Clark v. ClarkSupreme Judicial Court of Maine · 1914

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API