Mikkola v. Houghton Circuit Judge
Michigan Supreme Court
Mandamus by William Mikkola against Albert T. Streeter, circuit judge for the county of Houghton, to compel respondent to vacate an order granting a dilatory appeal from justice’s court.
1Opinion of the CourtHooker, J.
The relator asks a mandamus to compel the respondent, a circuit judge, to vacate an order allowing a dilatory appeal from a justice’s court.
We held, in the case of Michigan Mut. Fire Ins. Co. v. Wayne Circuit Judge, 112 Mich. 272 (70 N. W. 582), that, in cases where a court erroneously takes or retains jurisdiction, mandamus should not issue, for the aggrieved party has a remedy by writ of error. This case has been followed repeatedly since. Mr. Justice Moore said, in St. Clair Tunnel Co. v. St. Clair Circuit Judge, 114 Mich. 419 (72 N. W. 250):
“ If it was within the discretion of the circuit…
2Cases cited14 opinions
- Michigan Mutual Fire Insurance v. Wayne Circuit JudgeMichigan Supreme Court · 1897
- Cattermole v. Ionia Circuit JudgeMichigan Supreme Court · 1904
- St. Clair Tunnel Co. v. St. Clair Circuit JudgeMichigan Supreme Court · 1897
- Steel v. Clinton Circuit JudgeMichigan Supreme Court · 1903
- McKelvey v. McKelveyMichigan Supreme Court · 1897
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3Cited by4 opinions
- Huddleston v. Charles Amos & Co.Michigan Supreme Court · 1914
- Trumbull Motor Car Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1915
- Gifford v. Washtenaw Circuit JudgeMichigan Supreme Court · 1915
- Hamilton Carhartt Cotton Mills v. Wayne Circuit JudgeMichigan Supreme Court · 1925