McClintock v. Laing
Michigan Supreme Court
Motion to dismiss an appeal in Chancery. The appeal bond in this ease was approved by S. B. Hayaale, “Kecorder of the City of Corunna and ex officio Circuit Court Commissioner of Shiawassee County.” §§ 9 and 10 of Chap. 6, of the act to incorporate the City of Corunna were cited as conferring on the Recorder, the necessary authority.
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Motion to dismiss an appeal in Chancery. The appeal bond in this ease was approved by S. B. Hayaale, “Kecorder of the City of Corunna and ex officio Circuit Court Commissioner of Shiawassee County.” §§ 9 and 10 of Chap. 6, of the act to incorporate the City of Corunna were cited as conferring on the Recorder, the necessary authority. These sections are as follow: — Laios of 1869 vol 2 pp. 816, 816. § 9. “ The Recorder shall be, (by virtue of his office), a justice of the peace, with all the like powers and duties as other justices of the peace in said city; and shall give bond and take the…
1Opinion of the Court
Graves J.
This is a motion to dismiss an appeal in Chancery on the ground that the appeal bond was not approved by an officer having authority to approve 'it.
By § 3,597 Comp. L. as amended in 1858 (Sess. L. 1868 p. 6 § 4), the party taking an appeal is required to file *302with the Register or Clerk of the Court below “a bond to the appellee with sufficient sureties, to be approved by a Judge of the Circuit Court or a Circuit Commissioner, and in such sum as such Judge or Commissioner shall direct.”
The act incorporating the City of Corunna created the office of Recorder to be filled by an election…
2Cited by4 opinions
- Duncan v. County of WayneMichigan Supreme Court · 1947
- Attorney General Ex Rel. Bean v. ShowleyMichigan Supreme Court · 1943
- Torrent v. Muskegon Booming Co.Michigan Supreme Court · 1870
- Sempliner v. FitzgeraldMichigan Supreme Court · 1942