James A. Lombard, for relator. J. M. Jamison, for respondent. PER CURIAM. The writ is granted. A circuit judge surety in a bond has no power to extend the liability of a executed on an appeal from justice's court by a stay of execution made for that express purpose, and upon his own motion. CHRISTOPHER O'BRIEN V. F. H. CHAMBERS, ASSOCIATE JUDGE OF THE RECORDER'S COURT OF DETROIT. [See 92 Mich. 17; 96 Id. 630.] Criminal law-New trial-Mandamus. Mandamus will not lie to compel the trial judge to grant a motion for a new trial, where the petition fails to show that any evidence was produced in support of the motion. Mandamus. 1893. Order to show cause denied January 10, Relator was convicted of murder in the second degree, and sentenced to imprisonment in the State prison for 20 years. The judgment was reversed, and on a second trial he was convicted of manslaughter. A motion for a new trial was denied, and relator applied for a mandamus to compel the respondent to grant the motion. For a full statement of facts, see People v. O'Brien, 92 Mich. 17, 96 Id. 630. James H. Pound, for relator. The PER CURIAM. An order to show cause is denied. petition fails to show what the application to the respondent was; that is to say, it does not show that any evidence was produced to the respondent in support of the application for a new trial. 97 608 118 354 97 608 145 2429 JOHN H. THOMAS AND CHARLES CAMERON V. GEORGE Creditor's bill-Appointment of receiver—Mandamus. 1. Mandamus is not the proper remedy by which to review an appealable order in a chancery suit. 2. Irregularity in the appointment of a receiver under a judgment creditor's bill is no ground for defendant's objecting to an examination concerning his property and effects; citing Howard v. Palmer, Walk. Ch. 391. Mandamus. Order to show cause denied January 18, 1893. Relators, the defendants in a judgment creditor's bill, åpplied for mandamus to compel the respondents to vacate orders appointing a receiver, and requiring them to appear before a circuit court commissioner for examination. For a full statement of facts, see Dutton v. Thomas, 97 Mich. 93. John Galloway, for relators. PER CURIAM. An order to show cause is denied. Mandamus is not a proper remedy to review an appealable order in a chancery case; nor is their regularity of the appointment of a receiver under a judgment creditor's bill any reason for the defendants' objecting to an examination concerning their property and effects. Howard v. Palmer, Walk. Ch. 391. HERMAN FISHEL V. J. G. RAMSDELL, CIRCUIT JUDGE OF GRAND TRAVERSE COUNTY. Consent order-Mandamus. Mandamus will not lie to compel a circuit judge to vacate a consent order, made and entered in a chancery suit. Mandamus. Argued January 31, 1893. 1, 1893. Denied February Relator applied for mandamus to compel the respondent to set aside and vacate an order, made in a pending chancery suit, ordering an election of officers of the Hebrew Congregation Bethel of Traverse City, to be held in the synagogue of said congregation. It appeared from the return of the respondent that the order complained of was a consent order. Pratt & Davis (Cahill & Ostrander, of counsel), for relator. W. H. Foster, for respondent. PER CURIAM. The writ is denied, the order complained of being a consent order. 97 MICH.-39. THE GRAND RAPIDS GUARD V. EDWIN J. BULKLEY. Voluntary associations-Election of officers-Notice-Term of office. An election of officers by a board of directors of an unincorporated organization, held before the terms of office of the members of the board have commenced, and without giving notice to all of the directors, is illegal. Mandamus. Argued January 31, 1893. 1, 1893. Denied February Relator is an unincorporated organization formed for social purposes, and governed by a constitution and by-laws adopted by the organization. The constitution provides for the election of a board of directors on the first Monday of December, to hold their offices for one year from the first day of January following, or until their successors are elected. It is the duty of this board to elect a president, vice-president, secretary, and treasurer. On December 22, 1892, the board of directors whose terms of office were to commence January 1, 1893, assumed to elect a treasurer to succeed the respondent, notice of which election was not given to all of the members of the board. Upon the refusal of the respondent to turn over the books, papers, and money in his hands to the party claiming under said election, this proceeding was instituted to compel the surrender of the same. Charles O. Smedley, for relator. Mitchel & La Grou, for respondent. PER CURIAM. A writ of mandamus is denied, on the ground that the alleged treasurer was not duly elected; notice of the meeting at which he is claimed to have been elected not having been given to some of the directors, and the terms of office of the directors not having commenced at the time of said alleged election. HUBERT W. HICKS V. THE BOARD OF AUDITORS of WAYNE COUNTY. Schools and school-districts-Compensation of assistant visitor— Mandamus. Mandamus will not lie to compel the payment of an assistant visitor of schools for services rendered under Act No. 147, Laws of 1891, where the commissioner of schools has not determined the compensation of the assistant, as required by section 10 of the act. Mandamus. Argued February 7, 1893. Denied February 9, 1893. Relator applied for mandamus to compel the respondent to pay him for services claimed to have been rendered as an assistant visitor of schools, under an appointment made by the commissioner of schools of Wayne county pursuant to subd. 6, § 8, Act No. 147, Laws of 1891. Brennan, Donnelly & Van De Mark, for relator. Allan H. Frazer (0. F. Hunt, of counsel), for respondent. PER CURIAM. The writ is denied, on the ground that the commissioner of schools has not determined the compensation of relator, as required by law. |