Michigan Reports (Volume 159); Cases Decided in the Supreme Court of Michigan

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1910. Not illustrated. Excerpt: ... We are of opinion that complainant was fully advised of her rights in the premises, and that she made a wise adjustment with defendant. The decree is affirmed, with costs. Hooker, Moore, Mcalvay, and Blair, JJ., concurred. OBLASER v. WAYNE CIRCUIT JUDGE. 1. Criminal Law--Procedure--Adjournment Of Examination. No formal adjournment is necessary on preliminary examination of a person charged with a crime, where the testimony was taken by a stenographer before the examining magistrate, and the decision of the justice to bind over the respondent announced orally, and after twelve days the witnesses were brought in, signed their testimony as extended, and the defendant was remanded into custody. 2. Same--Evidence--Judicial Notice. The court will take judicial notice of the fact that some time is required to reduce stenographic notes of testimony taken on preliminary examination to typewritten form. 3. Same--Order Of Justice On Preliminary Examination--PreMature Action. It does not preclude further action in the case for the justice to announce his decision to bind over the respondent under the testimony, at the close thereof, before it has been signed by the witnesses. 4. Same-- Binding Over Respondent. The intention to make a valid order and to sign the testimony at the proper time will be presumed. 5. Same--Return Of Justice--Requisites. The return of the examining magistrate, which is defective in not being properly verified, or in failing to contain the signed testimony and a proper affidavit, may be amended or a new return filed. Mandamus by August Oblaser to compel Henry A. Mandell, circuit judge of Wayne county, to vacate an order denying a motion for an amended return by an examining magistrate. Submitted January 13,1910. (Calendar No. 23,774.) Writ denied Fe...