TaiLexi AI U.S. Case Law

People ex rel. Wright v. Judge of Superior Court

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

People ex rel. Wright v. Judge of Superior Court, 49 N.W. 925 (Mich. 1879)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Michigan Supreme Court · State Highest Courts
Decided
October 22, 1879
Citations
49 N.W. 92541 Mich. 726
Headnotes
New trial — Settlement of exceptions. The death of a trial judge without acting upon a Ml of exceptions duly submitted to him, entitles the party applying for it to a new trial. A party cannot be deprived by the inaction of the judge, of his right to the settlement of a bill of exceptions which he has duly presented.
Summary
Mandamus to vacate judgment.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

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 *727 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.

How later courts describe this case

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

Cited by 13 cases

View all citing references →
1889: 11892: 11895: 11896: 11904: 11906: 11907: 11914: 11917: 11919: 11921: 11924: 11949: 118892026peak 1889 · 1

Relies on it most ⓘ

  1. Nelson v. Marshall58 A. 793 (Vt. 1904)
  2. Richardson v. State89 P. 1027 (Wyo. 1907)
  3. Henrichsen v. Smith42 P. 486 (Or. 1896)
  4. Brooks v. National Shawmut Bank84 N.E.2d 318 (Mass. 1949)
  5. State v. Ricks201 P. 827 (Idaho 1921) · Dissent
  6. Stirling v. Wagner31 P. 1032 (Wyo. 1892)

Most recent

  1. Brooks v. National Shawmut Bank84 N.E.2d 318 (Mass. 1949)
  2. People v. Mosley197 N.W. 541 (Mich. 1924)
  3. State v. Ricks201 P. 827 (Idaho 1921) · Dissent
  4. State v. Ricks180 P. 257 (Idaho 1919)
  5. Dennis v. State137 Tenn. 543 (1917)
  6. School Dist. No. 38, Le Flore County v. School Dist. No. 92, Le Flore County1914 OK 234, 140 P. 1144

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list