Stuart v. Gonyea

2 Citing cases

  1. People v. Bensch

    No. 341585 (Mich. Ct. App. Apr. 30, 2019)

    In 1947, when the "matter of grace" language was first adopted, our courts uniformly interpreted the phrase to mean that something was not a matter of right but rather of judicial discretion. See, e.g., Worsham v McCall, 259 Mich 630, 632; 244 NW 183 (1932) ("The remedy of specific performance is a matter of grace rather than of right."); Harmon v Muirhead, 247 Mich 614, 615; 226 NW 713 (1929) ("Specific performance is a matter of grace, not of right."); Stuart v Gonyea, 246 Mich 109, 112; 224 NW 386 (1929) ("It is only a matter of grace and not a matter of right."); see also Black's Law Dictionary (3d ed) (defining "grace" as "commonly used in contradistinction to 'right' "). And that point accords exactly with what our Supreme Court has long held—as the majority notes—that the decision to impose a sentence of probation "rests in the sound discretion of the trial court." McLeod, 407 Mich at 660 (opinion by RYAN, J.); see also Marks, 340 Mich at 499.

  2. People v. Bensch

    328 Mich. App. 1 (Mich. Ct. App. 2019)   Cited 41 times
    Stating that although this Court is "not 'strictly required to follow uncontradicted opinions from this Court decided before November 1, 1990,' those opinions are nonetheless 'considered to be precedent and entitled to significantly greater deference than are unpublished cases' "

    In 1947, when the "matter of grace" language was first adopted, our courts uniformly interpreted the phrase to mean that something was not a matter of right but rather of judicial discretion. See, e.g., Worsham v. McCall , 259 Mich. 630, 632, 244 N.W. 183 (1932) ("The remedy of specific performance is a matter of grace rather than of right."); Harmon v. Muirhead , 247 Mich. 614, 615, 226 N.W. 713 (1929) ("Specific performance is a matter of grace, not of right."); Stuart v. Gonyea , 246 Mich. 109, 112, 224 N.W. 386 (1929) ("It is only a matter of grace and not a matter of right."); see also Black’s Law Dictionary (3d ed.) (defining "grace" as "commonly used in contradistinction to ‘right’ "). And that point accords exactly with what our Supreme Court has long held—as the majority notes—that the decision to impose a sentence of probation "rests in the sound discretion of the trial court." McLeod , 407 Mich. at 660, 288 N.W.2d 909 (opinion by RYAN , J.); see also Marks , 340 Mich. at 499, 65 N.W.2d 698.