People ex rel. Taylor v. Judge of St. Clair Circuit

• Decision Date: 30 April 1875
• Court: Michigan Supreme Court
• Parties: The People on the relation of John R. Taylor v. The Judge of the St. Clair Circuit.[1]

32 Mich. 95

The People on the relation of John R. Taylor v. The Judge of the St. Clair Circuit.^[1]

Supreme Court of Michigan

April 30, 1875

Submitted on Briefs, April 30, 1875

Application for Mandamus.

Relator commenced suit by attachment against one Marcus Young in the St. Clair circuit. Young, after having moved the court to quash the proceedings for insufficiency of the affidavit and failed in his motion, applied to the circuit court commissioner of the county to dissolve the attachment, and the commissioner dissolved it for insufficiency of the affidavit in form. The relator thereupon applied to the circuit judge for a certiorari to review the proceedings before the commissioner, which writ was granted. When the cause came on for hearing, however, the circuit judge declined to hear it on the ground of want of jurisdiction. The relator applies for mandamus to require the respondent to reinstate the cause and hear and determine it on its merits, and makes a showing of the above facts, and also that the commissioner's term had since expired, and that he was not re-elected, and that for that reason, as the relator is advised, he is prevented from suing out a new writ of certiorari.

Writ issued.

Chadwick & Potter, for relator.

Atkinson Bros., for respondent.

OPINION

Per Curiam:

This case is ruled by Thompson v. School District No. 6 of Crockery, 25 Mich. 483. ^[2]

The writ must issue.

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Notes:

^[1]Cited in Merrick v. Township Board of Arbela, 41 Mich. 630.

^[2]See note to this case in second edition of 25 Mich.

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