People ex rel. Lyon v. Circuit Judge

In the case of the relator against Jerome B. Waldo, in the circuit court for the county of Ingham in chancery, the complainant obtained a decree of foreclosure, which, on appeal to this court, was affirmed on an equal division of the court. The cause having then been remanded for an execution of the decree, but without instructions, the circuit judge, on application of defendant, considered himself at liberty 'to open the decree for further hearing on the merits. A mandamus is now applied for, to require him to set aside his order. In response to the application counsel take two positions:…