144 Mich. 682 | Mich. | 1906
On the 6th of December, 1905, relator obtained judgment against James D. Burns, sheriff of Wayne county, in the justice’s court of the city of Detroit, for the sum of $418 damages and $1.75 costs. Respondent made an order granting said Burns leave to appeal from said judgment more than five days after its. rendition upon a showing that he, said Burns, had been prevented from taking an appeal within said five days by circumstances not under his control. Relator by these proceedings seeks a mandamus compelling respondent to-vacate said order upon the ground that he had no authority whatever to grant it.
It is true that we have granted the writ of mandamus to redress a grievance precisely like that asserted by relator. Stock v. Wayne Circuit Judge, 143 Mich. 339, is a recent instance. In this case — and I think the same may be said of all similar cases — the impropriety of that remedy was not suggested and did not occur to the court. Such decisions are not precedents which we are bound to follow. See Moinet v. Burnham, Stoepel & Co., 143 Mich. 489; Atwood v. Mayor, etc., of Sault Ste. Marie, 141 Mich. 295.
The writ is denied.