Kellogg v. Putnam
Michigan Supreme Court
Appeal from, the Kalamazoo Circuit in Chancery. The bill was filed to foreclose a mortgage. The defendants answered, setting up payment and other defenses. On May 23, 1862, the cause was brought, to a hearing, and the Court made an interlocutory decree, adjudging the whole amount of the mortgage to be owing to complainant, as claimed by his bill, and referring the cause to a Circuit Court Commissioner to report the amount.
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Appeal from, the Kalamazoo Circuit in Chancery. The bill was filed to foreclose a mortgage. The defendants answered, setting up payment and other defenses. On May 23, 1862, the cause was brought, to a hearing, and the Court made an interlocutory decree, adjudging the whole amount of the mortgage to be owing to complainant, as claimed by his bill, and referring the cause to a Circuit Court Commissioner to report the amount. The Commissioner on the next day issued his summons for a hearing on the reference May 29th, and this summons was duly served on the solicitor for defendants, who, however,…
1Opinion of the Court
Martin Ch. J.:
When an order or decree of the Circuit Court in Chancery is brought by appeal to this Court, we are required to examine all errors that may be assigned or found in such order or decree, and have power to reverse, affirm or alter such order or decree, and to make such other order or decree therein as shall be just. The error alleged in this case is at most but an irregularity, in no way, as we can see from the case, affecting the rights of the defendant, or the merits of the case. We are not inclined to entertain appeals for such causes. The true and proper course is for the…
2Cited by7 opinions
- State v. HaymondWest Virginia Supreme Court · 1919
- Munch v. ShabelMichigan Supreme Court · 1877
- People ex rel. Dennison v. Circuit JudgeMichigan Supreme Court · 1877
- Michigan Insurance v. WhittemoreMichigan Supreme Court · 1864
- Taylor v. DorrWest Virginia Supreme Court · 1897
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