Ambos v. Ingham Circuit Judge

Mandamus — Refusal of Judge to Enter Decree. While mandamus would lie to compel a circuit judge to decide a suit in chancery in which he should refuse to sign any decree, the writ cannot be invoked to compel him to enter the specific decree which relator desires.

Mandamus by William J. Ambos to compel Howard Wiest, circuit judge of Ingham county, to enter a decree of divorce in favor of relator. Relator filed a bill for divorce against his wife. The bill was filed November 9th. The jurat bears date November 4th, and the petitioner says that he cannot say whether it was actually sworn to on that day or some later day. On November 4th complainant also made an affidavit, entitled in the cause, to the effect that the defendant was not a resident of Michigan, but was a resident of the city of Columbus, Ohio. Upon this the court made an order of publication, which order was properly served upon the defendant at Columbus, Ohio, in accordance with Act No. 210 of the Public Acts of 1899. A default was duly entered, proofs taken in open court, and the judge took the case under advisement. He subsequently notified complainant’s solicitor by letter (the solicitor residing in Detroit) that a decree of divorce would not be granted, because the affidavit of residence was made several days before the bill was filed and the' order of publication made. Relator now applies for the writ of mandamus to compel the circuit judge to sign a decree giving him a divorce.