Misner v. Stange
Michigan Supreme Court
Cross-appeals from Ottawa; Cross (Orien S.), J. Bill by Charles E. Misner against Claus H. Stange, Walter I. Lillie, and Anna Wegner for the foreclosure of certain liens. Defendants Lillie and Wegner filed separate cross-bills asking affirmative relief. From the' decree rendered, defendants Lillie and Wegner appeal.
1Opinion
On Rehearing.
Bird, J.
A rehearing was granted in this case on a question of practice affecting the appeal of defendant Lillie. The contention is made that this court was without jurisdiction to grant Mr. Lillie affirmative relief because he did not file his claim of appeal within the 20 days provided by statute. 3 Comp. Laws 1915, § 13754. We were of the opinion on the former hearing that the right to a dismissal had been waived. 203 Mich. 411. It appears by the record that defendant Wegner filed her claim of appeal within the 20 days prescribed by statute. Several days thereafter Mr. Lillie…
2Cases cited6 opinions
- Munroe, Boyce & Co. v. WardMichigan Supreme Court · 1919
- Guthrie v. Leelanau Circuit JudgeMichigan Supreme Court · 1917
- Bennett v. HickeyMichigan Supreme Court · 1896
- Lum v. FairbanksMichigan Supreme Court · 1908
- Trombly v. KlersyMichigan Supreme Court · 1905
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3Cited by3 opinions
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- In Re Schultz EstateMichigan Supreme Court · 1957
- Graham v. BrownMichigan Supreme Court · 1957