Legal Opinion

Soule v. Ottawa Circuit Judge

Michigan Supreme Court

Decided April 8, 1913No. Calendar No. 25,372PublishedCited by 2 opinions

Mandamus by Charles E. Soule against Orien S. Cross, judge of the circuit court for the county of Ottawa to vacate an order refusing to quash a writ of capias.

1Opinion of the CourtMoore, J.

This proceeding was commenced by writ of capias. The relator was held to bail in the sum of $10,000. He gave appearance bail and moved to quash the writ for various reasons. It was stipulated in the case as follows, omitting the formal part:

“That the motion to quash, set for hearing upon the 25th day of July, 1912, be heard on the 5th day of August, 1912, at 2 o’clock, or as soon thereafter as counsel can be heard, and that all proceedings be stayed in said matter until said motion has been disposed of.”

The motion to quash was overruled, and this is a mandamus proceeding to review that action.

2Cases cited11 opinions

  1. Sheridan v. BriggsMichigan Supreme Court · 1884
  2. Graham v. Cass Circuit JudgeMichigan Supreme Court · 1896
  3. Shaw v. AshfordMichigan Supreme Court · 1896
  4. Stensrud v. DelamaterMichigan Supreme Court · 1885
  5. Church v. Calhoun Circuit JudgeMichigan Supreme Court · 1901

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3Cited by2 opinions

  1. Pratt v. Allegan Circuit JudgeMichigan Supreme Court · 1913
  2. Kirby v. SouleMichigan Supreme Court · 1914

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