Le Roux v. Bay Circuit Judge

• Decision Date: 28 January 1881
• Citation: 45 Mich. 416,8 N.W. 100
• Court: Michigan Supreme Court
• Parties: LE ROUX v. BAY CIRCUIT JUDGE.

8 N.W. 100

45 Mich. 416

LE ROUX v. BAY CIRCUIT JUDGE.

Supreme Court of Michigan

January 28, 1881

Application for mandamus to set aside an order transferring cause to the federal court denied for failure of record to show application for such order made to the judge of the circuit court.

Motion for writ of prohibition.

COOLEY, J.

This is an application for a mandamus to respondent, requiring him to set aside an order whereby he transferred to the federal court a certain cause to which relators are parties. No application appears to have been made to the circuit judge himself, and for this reason we deny the application without looking into the merits. We must assume if the application has merits, the circuit judge would voluntarily have recognized them.

(The other justices concurred.)