People ex rel. Wright v. Judge of Superior Court of Detroit

• Decision Date: 22 October 1879
• Citation: 49 N.W. 925,41 Mich. 726
• Court: Michigan Supreme Court
• Parties: PEOPLE ex rel. WRIGHT v. JUDGE OF SUPERIOR COURT OF DETROIT. [1]

49 N.W. 925

41 Mich. 726

PEOPLE ex rel. WRIGHT v. JUDGE OF SUPERIOR COURT OF DETROIT. ^[1]

Supreme Court of Michigan

October 22, 1879

Application by Luella Wright for mandamus to the judge of the superior court of Detroit to vacate a judgment. Granted.

John Atkinson, for relator.

PER CURIAM.

Although there was great delay in settling the bill of exceptions, it appears to have been from the inaction of the judge, and not from the fault of the party. The case, therefore, cannot be distinguished from other cases before decided, where parties have been deprived of their exceptions by circumstances beyond their control. The death of Judge COCHRANE without acting upon the exceptions made a new trial a matter of right.

Mandamus granted.

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Notes:

^[1] This case, filed October 22, 1879, is now published by request, with others, in order that the Northwestern Reporter may cover all cases in volume 41, Michigan Reports.

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