Hatch v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by William B. Hatch, administrator of the estate of Charles L. Andress, deceased, to compel Robert E. Frazer, circuit judge of Wayne county, to proceed with the trial of a cause.
1Opinion of the CourtCarpenter, J.
Relator commenced a suit in the circuit court for the county of Wayne against Lucy A. An-dress and Anna Morris. When this suit came on for trial before respondent and a jury, it was made to appear that a suit for the same cause of action against defendants, in*185stituted by relator as plaintiff, in tbe Oakland circuit court, had been determined by a judgment, in form on the merits, in favor of defendants. Relator contended that this judgment presented no obstacle to his recovery in the present suit, because, when the case was disposed of, plaintiff was not present, and swore no witnesses.…
2Cases cited3 opinions
- Tucker v. RohrbackMichigan Supreme Court · 1864
- Hoffman v. SilverthornMichigan Supreme Court · 1904
- Wood v. FautMichigan Supreme Court · 1884
3Cited by5 opinions
- Pollard v. SpeerCourt of Appeals of Texas · 1918
- Barsky v. KatzMichigan Supreme Court · 1927
- Curtis v. Board of SupervisorsMichigan Supreme Court · 1908
- Hill v. LaughlinCourt of Appeals of Tennessee · 1933
- Alberg v. Campbell Lumber Co.Washington Supreme Court · 1910