368 Mich. 506 | Mich. | 1962
Plaintiffs, husband and wife, sued a defendant doctor for malpractice and for assault and battery and rape allegedly committed on the person of plaintiff wife. A jury returned a verdict of no cause for action. Plaintiffs’ motion for new trial was denied. They took an appeal to this Court.
After appealing here, plaintiffs filed a motion in circuit court, under Michigan Court Rule No 66, § 2 (1945)
On application here for mandamus to compel the circuit judge to grant plaintiffs’ motion for filing only a partial transcript in the appeal, this Court issued an order nisi requiring the circuit judge to show cause, on or before a certain date, why a writ should not issue as prayed, unless he should, before that date, enter an order vacating his previous order denying plaintiffs’ petition and, instead, granting them the requested relief.
The respondent circuit judge ultimately elected to make return to the order nisi and to let his order denying plaintiffs’ petition stand. The matter is thus submitted to this Court on plaintiffs’ petition in this Court, respondent’s return, and the briefs for and oral arguments made on behalf of the parties.
Plaintiffs’ request to file a partial transcript was predicated on inability, by reason of poverty, to procure and pay for a full transcript. This is not controverted. They stated in support of their motion
If it develops on appeal that plaintiffs are urging additional matters, beyond those to which they now say they will limit themselves, or that the record and partial transcript as furnished by plaintiffs is, for that or any other reason, insufficient for a fair presentation of the case to this Court, it will still be competent for this Court to require additional matters or ■a full transcript, or compliance, if lacking, with the Court Rule No 67, § 6 (1945)
In the brief for respondent, prepared by attorneys for defendant in the main case, it is said that the 4 claims of error, upon which plaintiffs say they intend to rely to secure a reversal and new trial in that case,
If necessary, let a writ issue as plaintiffs have-prayed.
As amended. See 347 Mich xviii. — Reporter.
As amended. See 347 Midi xxii and 355 Mich xiv. — Reporter.
As added. Se.e 347 Mich xxx. — Reporter.