York v. Ingham Circuit Judge

Mandamus — Motion to vacate decree. A chancery decree is not to he set aside on a mere motion, and if so set aside mandamus lies to vacate the action, hut without prejudice to the right which any party may have had to proceed in a regular way.

Mandamus. Relator seeks in this proceeding to set aside the action of respondent in vacating, upon motion, a chancery decree entered by him sixteen months before. In answer to the order to show cause, respondent states that he signed the decree, as he supposed, without reading it, and under an impression that it was satisfactory to counsel for all parties. The decree recited that all the material averments of the bill' were true as alleged, but it was also declared to be without prejudice to defendants’ right to file a bill of their own, it being the judge’s opinion that they could not otherwise fully protect their rights. The subsequent order purported to restore the parties to their original situation in all respects, as if no decree had been made, and to leave the answer filed by them, and allowed to be withdrawn,' to stand as the answer to the original bill of complaint.