Utley v. First Congregational Church

I would affirm Judge Moynihan’s order as it stands. That order reads:

“Now, therefore, it is ordered and adjudged that said instrument was executed in accordance with PA 1939, No 288, chapter 2, § 5 (CL 1948, §702.5 [Stat Ann 1943 Rev §27.3178 (75)]), and that this judgment be certified by the clerk to the probate court for Wayne county and this cause be remanded to said probate court for further proceedings consistent herewith.”

For the sake of,ever desirable certainty of practice and substantive right, we should keep in constant mind the purely appellate status of the circuit court when…