Legal Opinion

City of Flint v. Genesee Circuit Judge

Michigan Supreme Court

Decided November 24, 1906No. Calendar No. 21,947½PublishedCited by 15 opinions

Mandamus by the city of Flint to compel Charles H. Wisner, circuit judge of Genesee county, to set aside an order dismissing an appeal.

1Per curiam

Respondent dismissed an appeal taken in relator’s name from the probate to the circuit court upon the ground that relator had not authorized said appeal to be taken. Relator applies to this court for a *440mandamus directing respondent to vacate said order of dismissal. The question arises: Is mandamus the appropriate remedy ? It is settled by many recent decisions of this court that a writ of mandamus will not be granted where a writ of error will afford adequate relief. Michigan Mut. Fire-Ins. Co. v. Wayne Circuit Judge, 113 Mich. 270; St. Clair Tunnel Co. v. St. Clair Circuit Judge, 114 Mich.…

2Cases cited21 opinions

  1. Cattermole v. Ionia Circuit JudgeMichigan Supreme Court · 1904
  2. Capwell v. BaxterMichigan Supreme Court · 1885
  3. St. Clair Tunnel Co. v. St. Clair Circuit JudgeMichigan Supreme Court · 1897
  4. Cosgrove v. Wayne Circuit JudgeMichigan Supreme Court · 1906
  5. Dages v. Sanilac Circuit JudgeMichigan Supreme Court · 1899

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3Cited by15 opinions

  1. Cook v. Wolverine Stockyards Co.Michigan Supreme Court · 1955
  2. Hartz v. JudgeMichigan Supreme Court · 1910
  3. In re Stockdale's EstateMichigan Supreme Court · 1909
  4. Trumbull Motor Car Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1915
  5. First National Tire & Reliner Co. v. JohnsonMichigan Supreme Court · 1921

10 more not listed; retrieve them via the Exa API.

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