Stewart v. Calhoun Circuit Judge
Michigan Supreme Court
Mandamus by Louis E. Stewart, prosecuting attorney, to compel Walter H. North, circuit judge of Calhoun county, to set aside an order quashing an information.
1Opinion of the CourtHooker, J.
An information was filed under the liquor law. A motion was made to quash the information, and this was granted. There being ho other remedy, the relat- or asks a mandamus to compel the court to vacate the order and proceed with the trial.
The record shows undisputed facts, and that the order made involved only a question of law, i. e., whether the information charged an offense under the law. The information charges the defendant with selling at retail intoxicating liquor, without any license or authority; defendant not having paid any tax and not having a receipt and notice posted. Were this…
2Cases cited9 opinions
- People v. ShulerMichigan Supreme Court · 1904
- Luton v. Circuit JudgeMichigan Supreme Court · 1888
- Anderson v. Van Buren Circuit JudgeMichigan Supreme Court · 1902
- Bishopp v. LaneMichigan Supreme Court · 1893
- Maynard v. Eaton Circuit JudgeMichigan Supreme Court · 1896
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3Cited by1 opinion
- Stewart v. Calhoun Circuit JudgeMichigan Supreme Court · 1909