Legal Opinion

O'Donnell v. St. Clair Circuit Judge

Michigan Supreme Court

Decided November 24, 1906No. Calendar No. 22,000½PublishedCited by 1 opinion

Petition by Cornelius O’Donnell for an order requiring Harvey Tappan, circuit judge of St. Clair county, to show cause why mandamus should not issue compelling him to strike from the files an answer to a bill of complaint.

1Opinion of the Court

Per Cüriam.

The application for an order to show cause is denied, for the reason that an answer need not be signed by the defendant personally when answer upon oath is waived in the bill. It is sufficient if it be signed by his solicitor. See Chancery Rule 10, subd. e. The fact that the answer is one in the nature of a cross-bill is unimportant, as a similar practice prevails as to bills of complaint. Chancery Rule 1, subd. a. Eveland v. Stephenson, 45 Mich. 396.

It is not to be inferred from this determination that mandamus would be the appropriate remedy if relator had a grievance. That…

2Cases cited1 opinion

  1. Eveland v. StephensonMichigan Supreme Court · 1881

3Cited by1 opinion

  1. Cleveland v. City of DetroitMichigan Supreme Court · 1936

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