Lyle v. Cass Circuit Judge
Michigan Supreme Court
Mandamus by Frank W. Lyle and Ira B. Gage to compel L. Burget Des Voignes, circuit judge of Cass county, to grant a change of venue.
1Opinion of the CourtHooker, J.
The relators were charged with conspiracy under an information duly filed. They moved for a change of venue upon the ground of local prejudice, which was denied, and they now ask us to compel the circuit judge to vacate his order and make another, i. e., one granting the motion. Were it competent for us to review his conclusion upon the merits, I should reach a different conclusion from his, but I think that it is not.
A cardinal principle in mandamus is that judicial action will not be reviewed. We may compel a judicial officer to proceed, hear, and decide; but we can neither dictate his…
2Cases cited48 opinions
- Final v. BackusMichigan Supreme Court · 1869
- Detroit Tug & Wrecking Co. v. GartnerMichigan Supreme Court · 1889
- Holbrook v. CookMichigan Supreme Court · 1858
- Michigan Mutual Fire Insurance v. Wayne Circuit JudgeMichigan Supreme Court · 1897
- Cofrode v. GartnerMichigan Supreme Court · 1890
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3Cited by12 opinions
- People v. RichMichigan Supreme Court · 1927
- Daly v. BlairMichigan Supreme Court · 1914
- People v. GageMichigan Supreme Court · 1915
- Smolenski v. Kent Probate JudgeMichigan Supreme Court · 1942
- Glinnan v. Judge of Recorder's CourtMichigan Supreme Court · 1913
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