People Ex Rel. Waite v. Bristow

I dissent from the majority opinion. This is a mandamus suit to compel the Appellate Court to expunge- an order entered by it. Mandamus will never lie to control judicial discretion of a judge, whether the case be decided rightly or wrongly. (People ex rel. Briggs & Turivas v. Cook, 311 Ill. 429; People ex rel. Waver v. Wells, 255 Ill. 450; People ex rel. Brown v. Gibbons, 161 Ill. 510.) The majority opinion disposes of the case as though the only question in it was whether the Appellate Court properly set aside its order entered at the February term, 1944, and gave leave at the succeeding…