Church v. Calhoun Circuit Judge
Michigan Supreme Court
Mandamus by William B. Church to compel Herbert E. Winsor, circuit judge of Calhoun county, to quash a writ of capias ad respondendum.
1Opinion of the CourtHooker, J.
The relator was arrested upon a capias ad respondendum. The affidavit charges him with negligently performing a surgical operation upon the person of plaintiff’s wife, thereby causing her death. The affidavit is made by the plaintiff, and contains nothing indicating that he is possessed of the knowledge of a medical expert, whereby he would be able to form, and competent to express, an intelligent opinion upon the questions relating to the charge of negligence. A motion to quash the writ was based upon this and other grounds.
Were plaintiff offered, upon a trial of the cause, as a witness to…
2Cases cited6 opinions
- Mayo v. WrightMichigan Supreme Court · 1886
- Sheridan v. BriggsMichigan Supreme Court · 1884
- Graham v. Cass Circuit JudgeMichigan Supreme Court · 1896
- Spaulding v. BlissMichigan Supreme Court · 1890
- Badger v. ReadeMichigan Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. EffelbergMichigan Supreme Court · 1922
- Pratt v. Allegan Circuit JudgeMichigan Supreme Court · 1913
- Gardiner v. Wayne Circuit JudgeMichigan Supreme Court · 1909
- Ex Parte Van ZandtCalifornia Court of Appeal · 1921
- Soule v. Ottawa Circuit JudgeMichigan Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.