Warren v. Lenawee Circuit Judge
Michigan Supreme Court
Mandamus by Benjamin S. Warren and by the Detroit, Toledo & Ironton Railway Company, severally, to compel John L. O’Mealey, circuit judge of Lenawee county, to vacate orders denying motions to dismiss bills in equity.
1Opinion of the CourtMontgomery, C. J.
Two cases were instituted by bill in chancery in the circuit court against the present relators, and it is moved to dismiss the proceedings for the want of jurisdiction. The circuit judge overruled the motion, and the defendants now apply for mandamus to compel the vacation of the order refusing to dismiss the cases.
The remedy by mandamus is not the proper remedy. Michigan Mut. Fire-Ins. Co. v. Wayne Circuit Judge, 112 Mich. 270 (70 N. W. 582), and Hitchcock v. Wayne Circuit Judge, 144 Mich. 362 (107 N. W. 1123).
*573The statute (Act No. 310, Pub. Acts 1905) has not modified the rule of these…
2Cases cited3 opinions
- Michigan Mutual Fire Insurance v. Wayne Circuit JudgeMichigan Supreme Court · 1897
- McKelvey v. McKelveyMichigan Supreme Court · 1897
- Hitchcock v. Wayne Circuit JudgeMichigan Supreme Court · 1906
3Cited by2 opinions
- Brooks v. HargraveMichigan Supreme Court · 1910
- Hamilton Carhartt Cotton Mills v. Wayne Circuit JudgeMichigan Supreme Court · 1925