Turnbull v. Carpenter
Michigan Supreme Court
Relator applied for mandamus to compel respondent to settle and sign a chancery decree in accordance with the decision as orally announced by the court, and taken down by the court stenographer.
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Relator applied for mandamus to compel respondent to settle and sign a chancery decree in accordance with the decision as orally announced by the court, and taken down by the court stenographer. An order to show cause was denied. 1. That the decision of the court as announced was the decree, the sentence of the court, upon the matters before it for decision; that when thus spoken and recorded by the official stenographer it became a record of the court as much as if it had been written and signed by the presiding judge himself, and filed in the cause; that this decision was binding upon all…
1Opinion of the Court
The facts as alleged in the petition for mandamus were:
a — That relator was joined as a defendant in a bill praying for a decree declaring, among other things, that he was not entitled to any portion of tire moneys already received and which might be recovered upon a judgment, 48 per cent, of which relator claimed to own; that the case was tried in respondent’s court, and after the submission of the same respondent announced “that the decision of the Supreme Court in the case of Turnbull v. Monaghan, 94 Mich. 87, was decisive of the controversy between the parties; that applying the…
2Cases cited1 opinion
- Turnbull v. MonaghanMichigan Supreme Court · 1892