Tarsney v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by Timothy E. Tarsney to compel Harry A. Lockwood, acting circuit judge of Wayne county, to vacate an order setting a cause for trial.
1Opinion of the CourtHooker, J.
The statute provides that one who would avail himself of the right to an examination of witnesses in open court, in a chancery case, must serve upon his adversary’s counsel a notice of such intention, within 10 days after the cause is at issue, and that failing to do this, the cause shall stand referred to a commissioner to take proofs, etc. 3 Comp. Laws, § 10188.
Such a notice was not served in this cause, but the parties stipulated that the hearing of a then pending demurrer should be adjourned to August 19, 1907, and that in the event of the demurrer being overruled, and the order…
2Cases cited4 opinions
- City of Flint v. Genesee Circuit JudgeMichigan Supreme Court · 1906
- Cosgrove v. Wayne Circuit JudgeMichigan Supreme Court · 1906
- Geddis v. Wayne Circuit JudgeMichigan Supreme Court · 1908
- Sharp v. Montcalm Circuit JudgeMichigan Supreme Court · 1906
3Cited by3 opinions
- Lake Angelo Associates v. Township of White LakeMichigan Court of Appeals · 1993
- Zemon v. Wayne Circuit JudgeMichigan Supreme Court · 1912
- Kellogg v. Wayne Circuit JudgeMichigan Supreme Court · 1911