People v. Thompson

• Court: Michigan Supreme Court
• Writing for the Court: MONTGOMERY, J.
• Citation: People v. Thompson, 108 Mich. 583, 66 N.W. 478 (Mich. 1896)
• Decision Date: 11 March 1896
• Parties: PEOPLE v. THOMPSON.

66 N.W. 478

108 Mich. 583

PEOPLE v. THOMPSON.

Supreme Court of Michigan

March 11, 1896

Application by Thomas M. Thompson for a writ of certiorari to review the action of the circuit court. Writ denied.

Otto Kirchner, for petitioner.

MONTGOMERY J.

This is an application for a writ of certiorari to review the action of the circuit court refusing to quash an indictment found against the respondent by a grand jury. No trial has yet been had. The question suggests itself whether the court should interpose at this stage by a writ of certiorari, and arrest the proceedings by a writ upon which a final judgment cannot be given if the action of the circuit court is upheld. In the early case of Palms v. Campau, 11 Mich. 109, it was held that the writ of certiorari ought not to be so employed. It is true that under peculiar circumstances such a writ was issued in People v. Lauder, 82 Mich. 109, 46 N.W 956. But at page 126, 82 Mich., and page 956, 46 N. W., it was said by Mr. Justice Morse: "We are not willing that this should be made a precedent in other cases for the use of the writs of mandamus or certiorari to decide matters arising upon motion to quash, or on issue joined...