Opinion
Submitted October 8, 1940. (Calendar No. 41,266.)
Writ denied May 21, 1941. Rehearing denied June 30, 1941.
Petition for mandamus by August A. Smith and others to compel Leland W. Carr, Ingham Circuit Judge, to vacate an order staying payment of unemployment compensation pending appeal. Submitted October 8, 1940. (Calendar No. 41,266.) Writ denied May 21, 1941. Rehearing denied June 30, 1941.
Maurice Sugar and Ernest Goodman, for plaintiffs.
Bulkley, Ledyard, Dickinson Wright and Thomas F. Chawke ( Harry C. Bulkley, John G. Garlinghouse and Charles R. Moon, Jr., of counsel), for defendant Ingham Circuit Judge.
Thomas Read, Attorney General, and Florence N. Clement, Assistant Attorney General, for Michigan Unemployment Compensation Commission.
This is a petition for mandamus to compel Leland W. Carr, Ingham circuit judge, to vacate an order staying the payment of certain unemployment benefits by the Michigan unemployment compensation commission pending the determination of an appeal. The appeal in that case has been heard at the October session of court and the questions raised are decided in Chrysler Corp. v. Smith, ante, 438 (135 A.L.R. 900). The purpose in seeking mandamus is to obtain the payment of benefits pending decision on the above appeal, without regard to the ultimate decision as to the rights of the parties.
Writ denied. No costs awarded, this being a question of public interest.
SHARPE, C.J., and BOYLES, CHANDLER, NORTH, WIEST, and BUTZEL, JJ., concurred.
Because of the court's decision today in Chrysler Corp. v. Smith, ante, 438 (135 A.L.R. 900), I concur.
McALLISTER, J., concurred with BUSHNELL, J.