People ex. rel. Mabley v. Judge of the Superior Court

Campbell, G. J.

A mandamus is asked to compel the Superior Court of Detroit to vacate an order setting aside a previous conditional order for a new trial. There are circumstances which make the application peculiar,’ and which render it proper to refer to the facts more at length *33than the legal questions alone would require. As a mere matter of law there can be only two points presented, which are first, whether the action of the Superior Court went beyond its discretionary power and violated an absolute right; and second, whether we would be justified, in the exercise of our own discretion,…