Gowan v. Smith
Michigan Supreme Court
Certiorari to Wayne; Donovan, J. Mandamus by William H. Gowan to compel Frederick W. Smith, police commissioner of the city of Detroit, to . enforce the liquor law. An order denying the writ is reviewed by relator on writ of certiorari.
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Certiorari to Wayne; Donovan, J. Mandamus by William H. Gowan to compel Frederick W. Smith, police commissioner of the city of Detroit, to . enforce the liquor law. An order denying the writ is reviewed by relator on writ of certiorari. The purpose of this proceeding is to review by the writ of certiorari the action of the respondent in refusing an order to show cause upon a petition by the relator for a peremptory mandamus to compel Frederick W. Smith, police commissioner of the city of Detroit, to enforce, generally and in a specific instance a statute and an ordinance of the city…
1Opinion of the CourtG-rant, J.
(after stating the facts). 1. The defense that the respondent, Smith, “ had never been served with process or had a day in court in this proceeding,” was not made upon the hearing in the court below. It is true that the prayer of the petition is for a peremptory writ of mandamus. This does not mean that the petitioner asks for the writ without giving the respondent an opportunity to show cause against its issuance. Neither this court nor any circuit court in this State, within my knowledge and experience, ever issued a peremptory writ upon the mere filing of the petition. In some instances…
2Cases cited37 opinions
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Giddings v. BlackerMichigan Supreme Court · 1892
- Robison v. MinerMichigan Supreme Court · 1888
- People ex rel. Faulkner v. HarrisIllinois Supreme Court · 1903
- Chumasero v. PottsMontana Supreme Court · 1875
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3Cited by5 opinions
- George v. TravisMichigan Supreme Court · 1915
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