Legal Opinion · Concurrence
Gray v. Berrien Circuit Judge
Michigan Supreme Court
Decided April 3, 1919No. Calendar No. 28,703Published
Mandamus by Humphrey S. Gray to compel Charles E. White, circuit judge of Berrien county, to vacate an order in chancery framing an issue and directing its submission to a jury.
1ConcurrenceBrooke, J.
I do not agree with the conclusion reached by my Brother Fellows in this matter. The statute provides (3 Comp. Laws 1915, § 12593):
“In chancery cases if there be an issue of fact which, in the opinion of the court, shall render the intervention of a jury necessary or proper, said court shall, on request of either party, order a jury impaneled for the trial thereof, and the verdict of such jury may be used upon the hearing of the cause.”
While it is true that in the early case of Dunn v. Dunn, 11 Mich. 284, Justice Campbell made use of the following language: ’ ,
“An issue can only be granted at…
2Cases cited4 opinions
- Dunn v. DunnMichigan Supreme Court · 1863
- Fidelity Mutual Life-Insurance v. BlainMichigan Supreme Court · 1906
- Maier v. Wayne Circuit JudgeMichigan Supreme Court · 1897
- Schafberg v. SchafbergMichigan Supreme Court · 1884