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Chicago & Northeastern Railroad v. Genesee Circuit Judge

Chicago and Northeastern Railroad Company v. Genesee Circuit Judge

Chicago & Northeastern R.R. v. Genesee Circuit Judge, 40 Mich. 168 (1879)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 14, 1879
Citations
40 Mich. 1681879 Mich. LEXIS 509
Disposition
Denied.
Headnotes
Reopening ease to supply affidavit. Mandamus does not lie to review the discretion of a court in refusing to reopen a judgment that an affidavit of non-execution may be supplied.
Summary
Motion for order to show cause. Judgment was rendered below for the plaintiff upon an issue which was raised by a plea not supported by an affidavit denying the execution of the instrument sued on, and under which its execution was held to have been admitted. After judgment a motion was made to open it and for leave to file an affidavit, and to have a new trial on the issue thus amended. The court below refused the application, and motion is now made for an order to show cause why it should not be compelled by mandamus.

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Opinion of the Court

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Per Curiam.

The motion was addressed to the discretion of the court below, which cannot be controlled by mandamus.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1888: 118882026peak 1888 · 1

Relies on it most ⓘ

  1. Wood v. Strother18 P. 766 (Cal. 1888)

Most recent

  1. Wood v. Strother18 P. 766 (Cal. 1888)

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