Holbrook v. Cook
Michigan Supreme Court
Error to Wayne Circuit Court. William Cook, defendant in error, presented Ms account as administrator upon the estate of Maria Williams, deceased, in the Probate Court of Wayne county, for allowance, on 18th March, 1857. Holbrook, claiming to be assignee of a creditor of said estate, on 20th March appeared to resist the allowance of said account, and moved for an order of Court, that an alleged order, removing Cook from his said trust, claimed to have been made by the Court…
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Error to Wayne Circuit Court. William Cook, defendant in error, presented Ms account as administrator upon the estate of Maria Williams, deceased, in the Probate Court of Wayne county, for allowance, on 18th March, 1857. Holbrook, claiming to be assignee of a creditor of said estate, on 20th March appeared to resist the allowance of said account, and moved for an order of Court, that an alleged order, removing Cook from his said trust, claimed to have been made by the Court on 22d October, 1856, but which was not entered of record in the Probate Court, might be entered nunc pro tunc; which…
1Opinion of the Court
Martin Ch. J.:
The writ of error lies, upon any final judgment or determination of a court of law and of record, to remove the record into this Court, for review. — See Comp. L. §§ 5332 and 5340; and cases cited by counsel. To authorize it, it is necessary that there should be a final judgment or determination upon the matter in controversy in the inferior court, and it is never employed merely to bring up interlocutory decisions, or discretionary orders made pending the litigation. Usually, this writ, being a common law writ, is directed only to courts proceeding after the course of the…
2Cases cited3 opinions
- Backus v. ByronMichigan Supreme Court · 1857
- In re the appeal of DickinsonMichigan Supreme Court · 1852
- In re the Estate of GodfreyMichigan Supreme Court · 1856
3Cited by32 opinions
- Brown v. ForscheMichigan Supreme Court · 1880
- In Re Estate of FraserMichigan Supreme Court · 1939
- In Re Quinney's EstateMichigan Supreme Court · 1939
- United States Gypsum Co. v. Kent Circuit JudgeMichigan Supreme Court · 1908
- Polhemus v. Ann Arbor Savings BankMichigan Supreme Court · 1873
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