Backus v. Carleton
Charles K. Backus v. Milton E. Carleton, Treasurer of Wayne County
Backus v. Carleton, 57 N.W. 190 (Mich. 1893)
Headnotes
Mandamus — Application to circuit court.
Where a circuit judge illegally refuses to hear an application for mandamus under Circuit Court Rule No. 107,1 giving circuit courts jurisdiction in mandamus proceedings, application should be made to the Supreme Court for an order to compel him to do so.
Summary
Mandamus.
Relator, desiring to record a land contract, applied to respondent for a certificate as to taxes, under section 135, Act No. 206, Laws of 1893, for which a fee of 40 cents was demanded, which relator refused to pay, and applied to the circuit court of Wayne county for a mandamus to compel respondent to furnish the certificate gratuitously. An answer was filed, and the proceedings were dismissed by Judge Hosmer, on the ground that a public question was involved, which should be speedily and finally settled,, and that the application should have been made to the Supreme Court; and thereupon the present application was made.
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Opinion of the Court
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Per Curiam.
An order to show cause is denied. If a circuit judge illegally refuses to hear an application for mandamus, the relator should apply to the Supreme Court for an order to compel him to do so.
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