People ex. rel. First National Bank v. Wayne Circuit Judge
Michigan Supreme Court
Application for writ of mandamus, to compel the respondent to vacate an order setting aside the report of a referee, and to enter judgment on the report.
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Application for writ of mandamus, to compel the respondent to vacate an order setting aside the report of a referee, and to enter judgment on the report. The petition set forth, that on the 6th day of December, 1865, the First National Bank of Detroit, commenced suit against George Blumburg, in tbe Circuit Court for the county of Wayne, in an action of assumpsit; that the general issue being pleaded, the cause was referred to a referee for trial, by stipulation of the attorneys, on the 1st of February, 1867; that on the 19th day of .November, 1868, the referee filed his report, in which he…
1Opinion of the Court
Campbell J.
The only question before us on this application is, whether the circuit court can set aside a referee's report, as against the weight of evidence, and order a new trial.
We have had the subject of references, and their incidents before us several times, and have had our attention turned to questions not entirely foreign to this inquiry. But we have not heretofore felt called upon to consider the point now discussed, which is one of great practical importance.
We regard the judicial power vested in the circuit courts, by the constitution, as one which cannot be reduced or divested to…
2Cited by5 opinions
- Valentine v. MaloneMichigan Supreme Court · 1934
- Runnels v. MoffatMichigan Supreme Court · 1889
- In re Weber Furniture Co.U.S. Circuit Court for the District of Eastern Michigan · 1876
- C. F. & G. W. Eddy v. LambMichigan Supreme Court · 1907
- MacDonald v. Saginaw Val. & St. L. R.U.S. Circuit Court for the District of Eastern Michigan · 1874