DocketNumber: Calendar No. 27,274
Citation Numbers: 192 Mich. 459
Judges: Bird, Brooke, Kuhn, Moore, Ostrander, Person, Steere, Stone
Filed Date: 7/21/1916
Status: Precedential
Modified Date: 9/8/2022
The relator, who is prosecuting attorney, was served with a subpoena in a divorce case where there was a minor child. He investigated the case and filed a written report with the clerk of the court. He made an affidavit of what he had done, and applied to the circuit judge for a certificate to the county treasurer that the services had been performed by relator, and that relator was entitled to $5 therefor. The circuit judge declined to give relator such a certificate.
This is an application for mandamus to the circuit judge to require him to execute said certificate. The statutes involved are section 8657, 3 Comp. Laws, as amended by Act No. 315, Pub. Acts 1907, and Act No. 284, Pub. Acts 1909 (3 Comp. Laws 1915, § 11433). We think the circuit judge overlooked the last-named
The writ of mandamus will issue as prayed, but without costs.