Newton v. Newton
Michigan Supreme Court
Appeal from Muskegon; Davis, J., presiding. Bill by Evaline Newton against Lyman Newton for divorce. A number of years having elapsed subsequent to the hearing, one O. H. Lent, administrator of the estate of Nellie Newton, deceased, filed a petition to have a decree entered in said cause in accordance with the opinion and direction of the trial judge at the hearing. From an order denying the relief prayed, petitioner appeals.
1Opinion of the CourtBird, J.
The petition alleges that a decree of divorce was granted complainant in this cause in 1894; that the same was prepared and signed by the court, but by the neglect of some one it was neither filed nor entered, and he prays that it may now be filed and entered on the records of the court as of the date when it was rendered. The Chief Justice finds from the records and oral testimony that a decree was granted, prepared, and signed, and that the marriage was dissolved, as alleged by petitioner, but denies to him a nunc pro tunc order to complete the record. I concur with his finding that such a…
2Cases cited4 opinions
- Drake v. KinsellMichigan Supreme Court · 1878
- Newbould v. StewartMichigan Supreme Court · 1866
- Wolverine Land Co. v. DavisMichigan Supreme Court · 1905
- Coffin v. Ontonagon Circuit JudgeMichigan Supreme Court · 1905
3Cited by6 opinions
- Hobson v. Dempsey Construction Co.Supreme Court of Iowa · 1943
- Tikalsky v. TikalskySupreme Court of Minnesota · 1926
- Powell v. PierceMichigan Supreme Court · 1912
- Board of Com'rs. of Rogers Co. v. LipeSupreme Court of Oklahoma · 1915
- Vioglavich v. VioglavichMichigan Court of Appeals · 1982
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