De Haas v. Newaygo Circuit Judge

Decision Date13 April 1881
CourtMichigan Supreme Court
PartiesDE HAAS v. NEWAYGO CIRCUIT JUDGE.

Mandamus.

Edward E. Edwards and A.G. Day, for relator.

MARSTON, C.J.

We are of opinion that the circuit judge should have settled a case for review in this court, but as he has since the answer was filed resigned, the writ as prayed for cannot be issued. The relator should apply to the present circuit judge for relief, who undoubtedly would grant a new trial, if upon examination he became satisfied that justice would be advanced thereby.

(The other justices concurred.)

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4 cases
  • State ex rel. Priddy v. Gibson
    • United States
    • United States State Supreme Court of Missouri
    • March 16, 1905
    ......177 187 Mo. 536 THE STATE ex rel. PRIDDY et al. v. GIBSON, Judge Supreme Court of Missouri March 16, 1905 . .          . ...The action is. against the judge of the circuit court, though Judge Gibson. is personally named as the respondent. ... the weight of authority elsewhere. [ DeHaas v. Newaygo, 46 Mich. 12; Phelps v. Conant, 30 Vt. 277; Leach v. Aitken, 91 Cal. ......
  • Boise-Kuna Irrigation District v. Hartson
    • United States
    • United States State Supreme Court of Idaho
    • December 30, 1929
    ...... CLINTON H. HARTSON, Judge, Defendant, and CLINTON H. HARTSON, Judge, and WILLIAM E. WELSH, Water ... McChesney, 218 U.S. 487, 31 S.Ct. 43, 54 L.Ed. 1121;. DeHaas v. Newaygo, Circuit Judge, 46 Mich. 12, 8. N.W. 587; State v. Board of State ......
  • State v. Gibson
    • United States
    • United States State Supreme Court of Missouri
    • March 16, 1905
    ...writ requiring an ex-judge to meddle with the records, and we are well within the weight of authority elsewhere. De Haas v. Newaygo, 46 Mich. 12, 8 N. W. 587; Phelps v. Conant, 30 Vt. 277; Leach v. Aitken, 91 Cal. 484, 28 Pac. 777; State ex rel. v. Allyn, 7 Wash. 285, 34 Pac. 914. And see a......
  • People v. Mosley
    • United States
    • Supreme Court of Michigan
    • March 5, 1924
    ...in Tefft v. Windsor, 17 Mich. 425;Crittenden v. Schermerhorn, 35 Mich. 370;Wright v. Judge, 41 Mich. 726, 49 N. W. 925;De Haas v. Judge, 46 Mich. 12, 8 N. W. 587. The death of Judge Wilkins in no way prevented defendant from having his conviction reviewed (C. L. 1915, § 12636) and did not e......

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