Bowne v. Johnson
Michigan Supreme Court
Case certified from Kalamazoo Circuit Court. The plaintiff brought this suit originally before a justice of the peace, and failing to appear on the day of trial, judgment of nonsuit and for costs was rendered against him; whereupon, he afterwards appealed the case to the Kalamazoo Circuit Court. The defendant moved the latter Court to quash the appeal, on the ground that the case was not within the statute authorizing an appeal to be taken.
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Case certified from Kalamazoo Circuit Court. The plaintiff brought this suit originally before a justice of the peace, and failing to appear on the day of trial, judgment of nonsuit and for costs was rendered against him; whereupon, he afterwards appealed the case to the Kalamazoo Circuit Court. The defendant moved the latter Court to quash the appeal, on the ground that the case was not within the statute authorizing an appeal to be taken. The Presiding Judge reserved the question arising upon the motion for the opinion of this Court thereon.
1Opinion of the CourtFelch, J.
The right of appeal in this case is not claimed under any other clause of the statute, (S. L. 1841, p. 107, § 94,) except that providing for appeals from any final judgment of a justice of the peace.
Was the judgment in this case a final judgment within the meaning of the statute ?
A judgment of nonsuit is a final disposition of the suit in which it is entered, but it does not ordinarily bar a subsequent suit for the same cause of action ; it is not a final disposition of the subject matter in litigation. In examining the books, it willbe found that the term final judgment is sometimes used to…
2Cited by6 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
- Brooks v. SmithTennessee Supreme Court · 1860
- Century Holding Co. v. Ebling Brewing Co.Appellate Terms of the Supreme Court of New York · 1917
- Patten v. DeshonMassachusetts Supreme Judicial Court · 1854
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