Taylor v. Isabella Circuit Judge
Michigan Supreme Court
Mandamus by P. Corey Taylor to compel Ray Hart, circuit judge of Isabella county, to vacate an order denying a petition for the return of certain intoxicating liquor. For over 25 years plaintiff has conducted a drug store in the city of Mt. Pleasant. He is and has been a registered pharmacist.
Read the full summary
Mandamus by P. Corey Taylor to compel Ray Hart, circuit judge of Isabella county, to vacate an order denying a petition for the return of certain intoxicating liquor. For over 25 years plaintiff has conducted a drug store in the city of Mt. Pleasant. He is and has been a registered pharmacist. April 14, 1918, he made application to the dairy and food commissioner under sections 14 and 15 of Act No. 338 of the Public Acts of 1917 for a permit to sell liquors on prescription or application as provided by the act. Not hearing from the commissioner, on April 27th, he again wrote him with…
1Opinion of the CourtFellows, J.
(after stating the facts). While the petition for the return of the liquor was made before the order of dismissal of the second case had been formally entered, this was not the ground upon which defendant refused the order (see Clapp v. Titus, 138 Mich. 41), and when the order was made by defendant-there was no criminal prosecution pending against plaintiff and had not been for over four months. We recognize the rule contended for by defendant's counsel that the writ of mandamus is a discretionary writ, and we should not direct its issuance except there is a clear legal duty upon the part of…
2Cases cited3 opinions
- Aplin v. Van TasselMichigan Supreme Court · 1888
- Webster v. NewellMichigan Supreme Court · 1887
- Clapp v. TitusMichigan Supreme Court · 1904
3Cited by20 opinions
- McLeod v. State Board of CanvassersMichigan Supreme Court · 1942
- Chamski v. Wayne County Board of AuditorsMichigan Supreme Court · 1939
- University of Michigan v. PrayMichigan Supreme Court · 1933
- Miller v. City of DetroitMichigan Supreme Court · 1930
- People v. WoodwardMichigan Supreme Court · 1922
15 more not listed; retrieve them via the Exa API.