82 Mich. 91 | Mich. | 1890
One Cynthia W. Crawford filed a bill of complaint in the Presque Isle circuit court, in chancery, to set aside a deed purporting to have been executed by her to her son. The sole question was whether the deed was
If this were true, the only course open to the defendants in that suit is by application to this Court for a rehearing. They did make such application, and it was denied. They now seek to reopen the issue there adjudicated and settled, in a suit at law and in another court. The bare statement of the case is sufficient to condemn the proceeding. The respondent had no right or jurisdiction to try the case. He should have granted the motion for the perpetual stay of proceedings. Barnum Wire & Iron Works v. Judge, 59 Mich. 272; Maclean v. Judge, 52 Id. 257; Hudson v. Judge, 42 Id. 248.
The writ of prohibition will therefore be granted.