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Legal Opinion

Babcock v. Twist

Michigan Supreme Court

Decided January 7, 1868PublishedCited by 6 opinions

Appeal from ‘Washtenaw Circuit, in Chancery. Motion to 'dismiss the appeal for want of return. The motion was made December 10, 1867, but the return of the transcript was filed January 6, 1868, the day previous to the calling up of the motion.

1Opinion of the Court

Per Ouriam.

W'here the return of a transcript is made previous to the calling up of_the motion, it will not be dismissed; but the appellant being in default, and not having given any sufficient reasons for not filing the papers at an earlier day, costs will be awarded to appellee though his motion to dismiss be denied.

2Cited by6 opinions

  1. Choisser v. YorkIllinois Supreme Court · 1904
  2. Merriman v. PeckMichigan Supreme Court · 1893
  3. Todd v. StewartSupreme Court of Colorado · 1890
  4. Petrie v. CurtisMichigan Court of Appeals · 1971
  5. Columbia Borough School District Election, Pennsylvania Court of Common Pleas, Lancaster County1975

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