Woodworth v. Old Second National Bank
Michigan Supreme Court
Certiorari to Bay; Gage (Chauncey H.), J., presiding. Mandamus by Frank T. Woodworth to compel the Old Second National Bank and others, and by the same relator to compel the Maltby Cedar Company and others, to turn over their books and papers for relator’s inspection: On motion for a change of venue. There was an order granting the motion, and respondents bring certiorari.
1Opinion of the CourtBlair, J.
The sole question presented for our consideration upon this writ is whether or not mandamus proceedings are “civil actions,” within the meaning of Act No. 309, Pub. Acts 1905, providing for changes of venue. In 19 Am. & Eng. Enc. Law (2d Ed.), at pages 719, 720, the rule is stated in the text as follows:
“The cases are very numerous wherein it is said that mandamus is an action at law, or a civil action under the code. But there are cases which deny that it is either ap action at law, or a civil action under the code, and hold that mandamus is a special proceeding. Originally the proceeding…
2Cases cited7 opinions
- Hartman v. GreenhowSupreme Court of the United States · 1881
- Seymour Water Co. v. City of SeymourIndiana Supreme Court · 1904
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- Lewis v. Board of EducationMichigan Supreme Court · 1905
- Crissey v. MorrillCourt of Appeals for the Eighth Circuit · 1903
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3Cited by7 opinions
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- Dorgan v. MercilNorth Dakota Supreme Court · 1978
- Golden Star Lodge No. 1 v. WattersonMichigan Supreme Court · 1909
- Hall v. DickinsonMichigan Supreme Court · 1919
- Sal-Mar Royal Village, LLC v. Macomb County TreasurerMichigan Court of Appeals · 2014
2 more not listed; retrieve them via the Exa API.