Farrand v. Bentley
Michigan Supreme Court
Case from Genesee Circuit, filed in this Court by defendant as a case made and settled after judgment against him in the circuit court. The document filed indicated that the ■ circuit judge had disposed of the case upon an admission of facts in writing, by the respective counsel; which admission does not appear to have been signed.
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Case from Genesee Circuit, filed in this Court by defendant as a case made and settled after judgment against him in the circuit court. The document filed indicated that the ■ circuit judge had disposed of the case upon an admission of facts in writing, by the respective counsel; which admission does not appear to have been signed. The certificate of the circuit judge to the case filed is in the following words: “ The foregoing contains all the facts, and the whole case, submitted to the court as aforesaid.” The plaintiffs now present a certificate ¡from the circuit judge, addressed to this…
1Opinion of the Court
‘’Campbell J.:
In this case, a motion is made to dismiss, on the ground that there is no case properly before the Court.
The cause could properly come into this Court for review, lipón a certificate of the clerk, in one of two methods: First, If it is a case agreed upon in the court below before judgment, under the statute; or, Second, If it is a case made and settled by the judge after judgment.
It is very evident that there was no case agreed upon before judgment, in the sense of the statute. That contemplates something which must be filed, and which can be certified by the clerk. The rules…
2Cases cited8 opinions
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- True v. PlumleySupreme Judicial Court of Maine · 1853
- Hutchinson v. CrossenMassachusetts Supreme Judicial Court · 1813
- Scribner v. GayMichigan Supreme Court · 1858
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3Cited by11 opinions
- Lapeer County Clerk v. Lapeer Circuit CourtMichigan Supreme Court · 2003
- Warner v. NobleMichigan Supreme Court · 1938
- In Re IvesMichigan Supreme Court · 1946
- Lamberton v. PawloskiMichigan Supreme Court · 1929
- Kidd v. DoughertyMichigan Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.