Legal Opinion · Concurrence

Cattermole v. Ionia Circuit Judge

Michigan Supreme Court

Decided April 5, 1904No. Calendar No. 20,339Published

Mandamus by Walter J. Cattermole to compel Frank D. M. Davis, circuit judge of Ionia county, to set aside an order quashing a writ of capias ad respondendum.

1ConcurrenceHooker, J.

The quashing of the writ or service in a case, upon a motion to quash, has often been raised in different classes of cases, such as capias, attachment, summons, declaration, garnishment, and replevin, and in many of them the orders or judgments have been set aside on mandamus. In the majority of these, opinions have not been written, and there is little to indicate the considerations which actuated the court, where, if in any of them, it has omitted to apply the rule that “mandamus will not lie where there is a remedy by writ of error or appeal.” In no case, so far as we have discovered, has…

2Cases cited20 opinions

  1. United States v. LawrenceSupreme Court of the United States · 1795
  2. People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
  3. Craig v. TuckerSupreme Court of Pennsylvania · 1811
  4. Michigan Mutual Fire Insurance v. Wayne Circuit JudgeMichigan Supreme Court · 1897
  5. People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874

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