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Doud v. Mackinac Circuit Judge

Doud v. Mackinac Circuit Judge, 76 N.W. 155 (Mich. 1898)
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Court
Michigan Supreme Court · State Highest Courts
Decided
July 18, 1898
Citations
76 N.W. 155118 Mich. 86
Headnotes
Mandamus — Dissolution of Injunction. Mandamus ,will not be granted to compel the dissolution of a preliminary injunction, where the petition does not show that the court abused its discretion in refusing to dissolve it.
Summary
Mandamus by James Doud to compel Oscar Adams, circuit judge of Mackinac county, to dissolve a preliminary injunction.

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

Opinion of the Court

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Per Curiam.

Relator claims that he was duly elected a member of the school board of school district No. 1 of Mackinac Island at the regular election held July 12, 1897, and that his election was duly announced; that he duly qualified and acted as such member. September 20, 1897, one Emerick, a member of said board, holding over by reason of the failure of his duly-elected successor to qualify, filed a bill in chancery to restrain relator from interfering with the school-house or school property, and from interfering with the management and control of the other alleged officers. Relator answered said bill, denying all material averments, and moved to dissolve the preliminary injunction which had been granted. That motion was denied October 5, 1897. Relator now asks for the writ of mandamus to compel respondent to set aside the injunction.

"We do not find any statement in the petition which would justify us in holding that the court abused its discretion in such matters.

Order to show cause denied.

How later courts describe this case

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

1910: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. Harbor Springs Lumber Co. v. Emmet Circuit Judge125 N.W. 390 (Mich. 1910)

Most recent

  1. Harbor Springs Lumber Co. v. Emmet Circuit Judge125 N.W. 390 (Mich. 1910)

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